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Bombay High Court Allows Writ Petition Challenging Denial of Drug Licence Based on Previous Licensee's Misconduct. Licensing Authority Must Consider Applicant's Own Suitability Under Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioner, Namdev Genba Parthe, through M/s. Kulswami Medical & General Stores, applied for a retail drug licence from premises at 188, Ambedkar ...

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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Bombay High Court Dismisses Appeal of Cooperative Housing Society Against Demolition Notice for Unauthorised Construction. Status Quo Order Vacated as Society Failed to Show Distinction from Other Similarly Situated Societies Whose Regularisation Was Rejected by Supreme Court.

The appellant, Shubh Apartments CHS Ltd., a cooperative housing society, filed an appeal against an order vacating the status quo granted in its favou...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Petition Challenging Bank's Cancellation of Candidature Due to Conviction Despite Probation. Section 12 of Probation of Offenders Act Does Not Override Disqualification Under Section 10(1)(b)(i) of Banking Regulations Act, 1949 for Conviction Involving Moral Turpitude.

The petitioner, Amit Mohod, applied for a clerical post in the Bank of India. During the recruitment process, it was revealed that he had been convict...

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Bombay High Court Sets Aside Arbitral Award for Claim of Idling Establishment Due to Prohibition Clause in Contract. Clause 17.3 of General Conditions of Contract Bars Compensation for Delay, Only Extension of Time Permissible.

The Union of India, through the General Manager, Western Railway, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, cha...

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Bombay High Court Quashes Electricity Demand Notice for Violation of Natural Justice. Demand of Rs. 56,03,815.50 set aside as no opportunity of hearing was given before raising the demand under the Electricity Act, 2003.

The petitioner, Twenty First Century Wire Rods Limited, challenged a demand notice dated 22.09.2003 issued by respondent no.3 and the appellate order ...

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Bombay High Court Enhances Compensation in Land Acquisition Case for Metro Centre Project. Claimant's Appeal Partly Allowed; State's Appeal Dismissed.

The case involves two cross-appeals arising from a land acquisition reference. The claimant, Arvind Bhaskar Limaye, owned land in Survey No.48/B admea...