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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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Bombay High Court Upholds Dismissal of Railway Employee for Theft of Parcels — Natural Justice Violation Claim Rejected. Disciplinary proceedings valid despite non-supply of inquiry report as employee failed to show prejudice.

The judgment concerns two cross writ petitions arising from disciplinary proceedings against V.M. Shukla, a Parcel Clerk employed by Central Railway, ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Oral Sex on Minor Set Aside as Victim's Testimony Contradicted by Medical Evidence and Mother's Testimony.

The appellant, Rahul Shingade, was convicted by the Additional Sessions Judge, Gadchiroli in POCSO Case No.1/2015 for offences under Section 376(2)(i)...

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Madras High Court Allows Writ Petition for Inclusion in Old Pension Scheme — Regularization of Service from Date of Completion of Three Years. Petitioner Entitled to Old Pension Scheme Benefits Under Tamil Nadu Pension Rules, 1978 as Service Regularized from Initial Appointment.

The petitioner, V. Rajathi, was initially appointed as a Sweeper in the 4th respondent Town Panchayat on 09.08.2001 on a consolidated pay of Rs.900 pe...