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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Non-Prosecution. Court Holds That Dismissal in Default and Acquittal of Accused Without Considering Merits Is Not Sustainable When Complainant's Counsel Was Present.

The applicant, Murlidhar s/o Harkisandas Manwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

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Bombay High Court Allows Workman's Appeal for Wages Under Section 17-B of Industrial Disputes Act, 1947 — Employer's Challenge Dismissed. Court held that workman is entitled to last drawn wages during pendency of proceedings before Labour Court, irrespective of employer's financial hardship.

The case involves two Letters Patent Appeals (LPA 294/2010 and LPA 296/2010) arising from an order of a Single Judge dated 26.10.2010 in Writ Petition...

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Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses Revenue's Appeal in Customs Case — Confiscation of Indian Currency Not Sustainably Linked to Smuggling. CESTAT's finding that Revenue failed to establish necessary ingredients for invoking Section 121 of Customs Act, 1962 upheld.

The Commissioner of Customs (Preventive), Mumbai filed an appeal against the order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) d...

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Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....