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Found 1996 result(s)

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award in Transport Business Dispute. Payment of Gratuity Act, 1972 applies to establishments with branches outside Maharashtra as long as the establishment is within the state.

The petitioner, M/s. Rahul Transport Pvt. Ltd., a transport company with its head office in Amravati, Maharashtra, challenged an order dated 18.10.200...

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Bombay High Court Dismisses PIL Challenging Entertainment Tax Exemption for IPL Matches — State Government's Policy Decision Not Interfered With. Policy Decision on Tax Exemption Upheld as Not Arbitrary Under Bombay Entertainment Duty Act, 1923.

The petitioner, a sitting Member of the Maharashtra Legislative Assembly, filed a Public Interest Litigation challenging the propriety of the decision...

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Bombay High Court Grants Bail to Accused in MCOCA Case Due to Lack of Satisfactory Material and Long Incarceration. The court held that the twin conditions under Section 21(4) of MCOCA were not satisfied as there was no material to show the applicant was a member of an organised crime syndicate.

The applicant, Pradeep s/o Gyanchand Raisoni, filed an application for regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA)...

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Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds.

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/...

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Bombay High Court Quashes FIR Against Advocates in SC/ST Act Case — No Prima Facie Case Made Out. Allegations of Caste-Based Insult and Criminal Conspiracy Found Vague and Lacking Essential Ingredients Under Section 3 of SC & ST (Prevention of Atrocities) Act, 1989 and Sections 120-B, 504, 506 IPC.

The petitioners, four practising advocates at Malegaon Bar, filed a criminal writ petition seeking quashing of FIR No. II C.R.No.3027/2004 registered ...

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Bombay High Court Allows Petition Challenging Market Fee on Copra as Not Notified Agricultural Produce Under APMC Act. Explanation to Rule 32(1) of Goa APMC Rules Held Ultra Vires as Copra Not in Schedule to Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

The petitioners, Marico Industries Ltd. and Jude Linhares, filed a writ petition before the Bombay High Court at Goa challenging the demand for market...

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Bombay High Court Quashes Cancellation of Pay Scale Benefits for Daily Wage Clerks in Municipal Council — Violation of Natural Justice and Lack of Opportunity of Hearing. Order Cancelling Clerks' Pay Scale from 1986 to 2001 Set Aside as Unilateral and Without Notice.

The petitioners, three daily wage clerks appointed by the erstwhile Municipal Council, Parbhani (now Municipal Corporation) in 1985-1986, had their se...