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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

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Bombay High Court Quashes Removal of Sarpanch for Violation of Mandatory Notice Requirements Under Bombay Village Panchayats (Meeting) Rules, 1959. No-confidence motion invalid as three-day notice not given to Sarpanch and motion not properly moved for voting.

The petitioner, Nirmala w/o Pandharinath Sarde (Shiralkar), was the Sarpanch of Shirala Village Panchayat. On 22.12.2023, an extraordinary meeting was...

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Bombay High Court Quashes Removal of Sarpanch in No-Confidence Motion for Violation of Mandatory Notice Requirements Under Bombay Village Panchayats (Meeting) Rules, 1959. Failure to Provide Three Days' Notice to Sarpanch Renders No-Confidence Motion Invalid.

The petitioner, Nirmala w/o Pandharinath Sarde (Shiralkar), was the Sarpanch of Shirala Village Panchayat. She was removed from the post by a no-confi...

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Bombay High Court Acquits Appellant in Licensing Order Breach Case Due to Repeal of Enabling Order. Conviction under Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973 set aside as the Order was repealed in 1977, rendering the license and prosecution void ab initio.

The appellant, Nilesh Bhaskar Rathod, was convicted by the learned Special Judge (E.C. Act), Thane in Special Criminal Case (E.C. Act) No. 15/1996 for...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...