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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Dismisses PILs Alleging FDI Violations in Insurance Sector as Motivated by Personal Interest. Petitioner's failure to disclose material facts and filing of multiple petitions with similar allegations leads to dismissal with costs.

The petitioner, Sambhaji Savakar Jadhav, filed three public interest litigation petitions under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher on Grounds of Surplusage Under Rule 26 of MEPS Rules. Termination Held Illegal as Procedure Not Followed and Earlier Tribunal Order Binding.

The petitioner, Nitin Panjabrao Phalke, was appointed as an Assistant Teacher in a school run by respondent no.2 society with effect from 23.6.1992. H...

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CRIMINAL WRIT PETITION NO.902 OF 2014

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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

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Bombay High Court Dismisses Petition of Library Assistants Seeking Promotion to Assistant University Librarian. Post of Assistant University Librarian is a Teaching Post Under Section 2(34) of Maharashtra Universities Act, 1994, and Petitioners Being Non-Teaching Staff Are Not Entitled to Promotion.

The petitioners, four Library Assistants employed by Nagpur University, filed a writ petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Allows Developer's Challenge to RTI Disclosure Order — Building Plans Held Exempt as Personal Information Under Section 8(1)(j) of RTI Act. Third Party Proprietary Plans Not Subject to Disclosure Absent Larger Public Interest.

The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commi...