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Bombay High Court Dismisses Sarpanch's Writ Petition Challenging No-Confidence Motion — Pre-Deposit Under Section 35(3-B) of Maharashtra Village Panchayat Act Held Mandatory for Entertaining Appeal Against No-Confidence Motion.

The petitioner, Gulab Pandu Chavan, was the Sarpanch of Grampanchayat Chidgiri, Tq. Bhokar, Dist. Nanded. A no-confidence motion was initiated against...

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Bombay High Court Upholds Disqualification of Municipal Councillors for Defection Under Maharashtra Local Authority Members Disqualification Act, 1985. Petitioners who contested as independent candidates after being denied party tickets were held to have voluntarily given up party membership.

The judgment concerns three writ petitions filed under Article 227 of the Constitution of India challenging identical orders dated 18.03.2015 passed b...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee Order Invalidating OBC Certificate Despite Favorable Vigilance Report. Rule 17(11)(i) of Maharashtra SC, ST, OBC Rules, 2012 Mandates Acceptance of Vigilance Report Absent Contrary Material.

The petitioner, Saraswati Rajnikant Mayekar, was elected as a corporator from a ward reserved for Backward Class women in the Mira Bhayandar Municipal...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...

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Bombay High Court Dismisses Petition by Education Society Challenging Quashing of Teacher's Termination. Termination Based on Alleged Caste Fraud Set Aside as Employee's Caste Certificate Was Valid and No Misrepresentation Proven.

The petitioners, Pratibha Niketan Education Society and Pratibha Niketan High School, Nanded, challenged the judgment and order dated 21/08/2015 of th...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...