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Bombay High Court Upholds Temporary Injunction Against Petitioners in Cooperative Bank Recovery Dispute. Balance of convenience and irreparable loss to the bank justify restraint order pending final decision of the dispute.

The petitioners, Shankar Govind Mali and others, challenged an order passed by the court below which temporarily restrained them from transferring, se...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Bombay Disposes of Two Public Interest Litigations Challenging Joint Venture Agreement for Transfer of 20 Acres of Land at Film City, Goregaon. The Court Decided the Common Challenge to the Agreement in Both Petitions, Leaving Other Reliefs for Separate Adjudication.

The High Court of Bombay heard two public interest litigations filed by different sets of petitioners, both challenging the actions of the Maharashtra...

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Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC.

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the B...

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Bombay High Court Upholds Validity of Maharashtra Entry Tax Act — State Legislature Competent to Levy Entry Tax on Goods Imported from Outside State. Levy of Entry Tax Under Entry 52 List II Not Repugnant to Central Sales Tax Act and Is a Reasonable Restriction Under Article 304(b).

The judgment pertains to a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Entry of Goods into Local Areas A...

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Bombay High Court Dismisses Petition by Cooperative Housing Societies Challenging Police Station Construction on Amenity Plot. Construction of Police Station on Reserved Amenity Plot Upheld as Valid Public Purpose Under MRTP Act and DCR.

The petitioners, three cooperative housing societies registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition challengi...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Upholds Magistrate's Process in Cheque Bounce Case Despite Resignation of Drawer as Chairman. Resignation After Issuance of Cheque and Lack of Communication to Complainant Cannot Defeat Liability Under Section 138 of Negotiable Instruments Act.

The case arose out of two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the process issued u...