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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Non-Prosecution. Court Holds That Dismissal in Default and Acquittal of Accused Without Considering Merits Is Not Sustainable When Complainant's Counsel Was Present.

The applicant, Murlidhar s/o Harkisandas Manwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

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Bombay High Court Quashes Minister's Remand Order in Co-operative Society Dispute, Directs Fresh Hearing on Merits. Appellate Authority Under Section 152 of Maharashtra Co-operative Societies Act, 1960 Must Decide Appeal on Merits, Cannot Simply Remand.

The petitioners, members of respondent no.2, a specified co-operative society engaged in sugar manufacturing, challenged an order dated 18th January 2...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...

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Bombay High Court Dismisses Revision Against Amendment of Plaint in Suit for Possession and Injunction — Amendment to Add Party and Alternative Claim for Possession Held Permissible Under Order VI Rule 17 CPC as It Does Not Cause Prejudice and Relates Back to Original Plaint.

The Bombay High Court dismissed a civil revision application challenging an order allowing amendment of the plaint in a suit for declaration and injun...

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Bombay High Court Dismisses Writ Petition Challenging Eviction of Unauthorized Occupants from Municipal Land. Petitioners Failed to Establish Legal Right to Occupy Public Property.

The petitioners, an unregistered society and several individuals, filed a writ petition challenging their eviction from land owned by the Pune Municip...

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Bombay High Court Allows Writ Petition, Sets Aside Disqualification of Sarpanch. Teacher in Aided School Not a Government Servant Under Section 14(i) of Bombay Village Panchayat Act, 1958.

The petitioner, Shivaji Manohar Kale, was elected as a member and later as Sarpanch of Asegaon Gram Panchayat. Respondent No. 4 filed a complaint alle...