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High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

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Bombay High Court Dismisses Writ of Quo Warranto Against Electricity Ombudsman for Lack of Standing. Petitioner failed to establish that the appointment of respondent no.2 was illegal or that he had a superior right to the post under the Electricity Act, 2003 and MERC Regulations, 2006.

The petitioner, Amol Prabhakar Joshi, a retired Secretary to the Government of Maharashtra, filed a writ petition seeking a writ of quo warranto again...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Allows Reference in Favor of Dealer in Sales Tax Case Regarding Packing Materials Used in Exports. Purchase Tax Not Leviable on Packing Materials Sold Along with Exported Goods Under Section 14 of Bombay Sales Tax Act, 1959.

The case involves a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Maharashtra Sta...