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Bombay High Court Allows Appeal in Cooperative Society Dispute — Dispute Under Section 91 of MCS Act Maintainable Against Expulsion Under Section 35. Cooperative Court Has Jurisdiction to Decide Validity of Expulsion Resolution, Remedy Under Section 91 Not Barred by Section 35 Appeal.

The appellant, a member of the respondent housing society, filed a dispute under Section 91 of the Maharashtra Cooperative Societies Act, 1960 before ...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

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Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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Bombay High Court Allows Writ Petition Challenging Interest Demand Under Section 28AA of Customs Act, 1962. Interest on Delayed Payment of Duty Held Payable Only After Crystallization of Duty Liability by Supreme Court Decision.

The petitioner, M/s. M.J. Exports Pvt. Ltd., imported 53 Haemodialysis Machines and accessories under an Open General License and claimed exemption un...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

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Bombay High Court Allows Landlord's Petition in Rent Control Case — Tenant's Subletting and Unauthorised Construction Established. Landlord's bona fide need for premises and tenant's breach of lease terms under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 upheld.

The petitioner, Javerilal Premraj Jain, is the landlord of a premises situated at 59, New Bazar, Kirkee, Pune. The respondent, M/s. Asian Traders, was...

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Bombay High Court Dismisses Tenants' Petition in Eviction Case Based on Securing Alternative Accommodation. Concurrent findings of fact regarding acquisition of suitable alternative residential accommodation upheld under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, tenants of premises consisting of two rooms on the ground floor of house 1336 (old), 1264 (new) Raviwar Peth, Pune, challenged the ev...