Search Results for "procedural infirmity"

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Bombay High Court Dismisses Applicant's Challenge to Fugitive Economic Offender Proceedings — Procedural Direction to Split Hearing Not Interfered With. Mandatory Compliance with Section 4(2) and Section 10(2) of Fugitive Economic Offenders Act, 2018 Not Required at Initial Stage of Declaration.

The applicant, Mehul Choksi, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, challenging an order dated 31 Januar...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Sanction. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The present appeal was filed by Vinayak Raghunath Wakle, who was convicted by the learned Special Judge, Aurangabad, in Special Case No. 8 of 1998 for...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Bombay High Court Upholds No Confidence Motion Against Sarpanch in Grampanchayat Dispute. Special Meeting Convened by Tahsildar Under Section 35 of Maharashtra Village Panchayats Act, 1958 Held Valid Despite Alleged Procedural Irregularities.

The petitioner, Surekha Eshwar Jadhav, was the Sarpanch of Grampanchayat Bhatapur (PD), Taluka Mukhed, District Nanded. Respondent nos.1 to 6, who wer...