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Bombay High Court Upholds De-freezing of Bank Accounts with Bank Guarantee Condition in Cheating Case. Court holds that Section 102 CrPC freezing cannot be indefinite and must be balanced against right to carry on business, directing furnishing of bank guarantee for de-freezing.

The case involves two applications under Section 482 of the Code of Criminal Procedure, 1973. The first application (APL No.191 of 2024) is filed by t...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Dismisses Petition Challenging Reinstatement of Teacher with 60% Back Wages. Inquiry Committee Not Properly Constituted Under MEPS Act Rules, Dismissal Set Aside.

The petitioner, Trustees of Swati Education Trust, runs Smt. J.B. Khot High School, a recognized school. The respondent No. 1, Meenaxi Prasade, was ap...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back-Wages for Illegal Termination of Workman. Employer's Denial of Employment Relationship Rejected Based on Documentary Evidence and Conduct.

The case involves a writ petition filed by Tekchand Khanchandani, proprietor of Vikas Garments, challenging a Labour Court award dated 8 June 2006. Th...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...

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NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...