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Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Foundation in Cross-Examination. Accused's Application Under Section 482 CrPC Allowed as Trial Court's Order Was Without Basis.

The applicant, Simratmal Hiralal Gandhi, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by r...

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Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Cross-Examination Foundation. Accused Failed to Cross-Examine Complainant on Alleged Material Alteration Before Seeking Expert Opinion Under Section 45 of Indian Evidence Act, 1872.

The applicant, Simratmal s/o Hiralal Gandhi, original accused no.2 in Summary Trial Case No. 5065/2007, filed a criminal application under Section 482...

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Bombay High Court Dismisses Challenge to Premature Retirement of Deputy Director of Health Services. The court upheld the constitutional validity of the Administrative Tribunals Act, 1985 and found the premature retirement order valid based on adverse entries and public interest.

The petitioner, Dr. Mrs. Pratibha Gulhane, a retired Deputy Director of Health Services, filed a writ petition under Articles 226 and 227 of the Const...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Dismisses Second Appeal in Possession Suit Due to Lack of Substantial Question of Law. Appellants' claim of adverse possession from 1961 fails as they did not raise the issue in lower courts and cannot produce new evidence in second appeal.

The case involves a second appeal filed by the appellants (defendants in the original suit) against a decree for possession passed by the trial court ...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Scheme Under DCR 33(10) — Scheme Substantially Implemented, No Interference Warranted. Petitioners Failed to Establish Locus Standi or Eligibility, and the Scheme Had Progressed to Construction Stage.

The case involves a writ petition filed by twenty-one persons claiming to be occupants of a slum known as Meer Hussain Tangewala Chawl on land owned b...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in MoU Dispute Over Flat Area — Petitioner's Obligation to Sell 1 Lac Sq. Ft. Upheld. Arbitrator's Plausible Interpretation of Contract Not Interfered With Under Section 34 of Arbitration and Conciliation Act, 1996.

The Bombay High Court dismissed an arbitration petition filed by The Bombay Dyeing And Manufacturing Co. Ltd. challenging an arbitral award passed by ...