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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case involves two criminal appeals arising from a judgment of the Additional Sessions Judge-3, Beed, in Sessions Case No.40/2011, dated 10.10.2011...

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Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. The court held that the Official Liquidator must consider the Industrial Court's order dated 2 July 2005 in adjudicating claims of workmen.

The judgment concerns two company applications filed in the winding up proceedings of KMA Ltd. (in liquidation). Company Application No. 593 of 2011 w...

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Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. Industrial Court's Order on Unpaid Wages Held Binding on Official Liquidator.

The judgment concerns two company applications filed in the winding up of KMA Ltd. (in liquidation). Company Application No.593 of 2011 was filed by a...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34.

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a pr...

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Bombay High Court Dismisses PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...

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Bombay High Court Allows Petition of Probationer Deemed Confirmed After Expiry of Probation Period. Termination Order Quashed as Petitioner Was Deemed Permanent Employee Under Service Regulations.

The petitioner, Sunil Kisan Bhojane, was appointed as a Senior Clerk by the Maharashtra Tourism Development Corporation (Respondent No.1) on probation...

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WRIT PETITION NO.6789 OF 2016

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