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Bombay High Court Adjudicates Writ Petition Concerning Cooperative Society Election Dispute; Specific Holding Not Mentioned in Extracted Text. Petitioner Challenged Actions of Cooperative Election Authorities in Relation to Taklibhan Vividh Karyakari Seva Sahakari Sanstha Ltd.

The extracted text from the Bombay High Court, Aurangabad Bench, consists only of the cause title, case number, party array, and citation for Writ Pet...

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Bombay High Court Dismisses Letters Patent Appeal as Not Maintainable Against Single Judge Order in Landlord-Tenant Dispute. Appeal Under Clause 15 of Letters Patent Not Maintainable Where Single Judge Exercises Supervisory Jurisdiction Under Article 227 Over Civil Court Orders.

The case arose from a landlord-tenant dispute. The respondents (landlords) had filed a civil suit for eviction of the appellant (tenant). The trial co...

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Bombay High Court Dismisses Review Petition in Arbitration Matter Due to Lack of Jurisdiction Under Section 5 of Arbitration Act. Review Petition Against Order Under Section 37 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Review Not Provided Under Part I of the Act.

The petitioner, M/s Madhav Structural Engineering Ltd., was awarded a contract by the respondent, Maharashtra State Road Development Corporation Ltd.,...

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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18.

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,0...

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Supreme Court Quashes Industrial Dispute Reference Due to Procedural Irregularity in Conciliation Initiation Under Industrial Disputes Act

The Supreme Court allowed the civil appeal filed by Appellants challenging the reference of industrial dispute to Industrial Court, Aurangabad -- The ...

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High Court of Bombay Takes Suo Moto Cognizance of COVID-19 Public Health Infrastructure in Maharashtra. Court Refers to Earlier Principal Seat Judgment Highlighting State's Obligation Under Epidemic Diseases Act, 1897 and Disaster Management Act, 2005.

On 26.06.2020, the High Court of Judicature at Bombay, Bench at Aurangabad, registered Suo Moto Criminal Public Interest Litigation No.1 of 2020 to ad...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...