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Supreme Court Allows Appeal of Sub-Inspector in Censure Penalty Case for Violation of Natural Justice. Censure Entry Set Aside as Imposed Without Show Cause Notice as Required Under Rule 14(2) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.

The appellant, Sub Inspector Sanjay Kumar, while posted at Police Station Hanumanganj, District Khushinagar, Uttar Pradesh, was subjected to a penalty...

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Bombay High Court Upholds Reinstatement of Teacher with Back Wages and Continuity of Service in Termination Case. Termination of Assistant Teacher Without Prior Approval Under Section 5 of M.E.P.S. Act Held Illegal.

The case involves two writ petitions arising from a common judgment of the School Tribunal, Amravati, in Appeal No.39 of 2018. The petitioner in Writ ...

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Bombay High Court Dismisses PIL Challenging Coastal Regulation Zone Notification for Versova Mangroves — No Violation of CRZ Norms Found. Court held that the impugned notification dated 18.01.2019 was issued after due consideration of all relevant factors and did not violate the CRZ Notification, 2011.

The present Public Interest Litigation was filed by 14 petitioners, including residents of Versova, Mumbai, and the Jai Bharat Cooperative Housing Soc...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

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Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...