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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

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Bombay High Court Dismisses Writ Petition Seeking Absorption Under Government Resolution After Reinstatement in EGS Service — Claim for Regularisation Rejected Due to Delay and Laches.

The petitioner, Ashok Bhikanrao Deshmukh, was appointed as a Mustering Assistant on daily wages under the Employment Guarantee Scheme (EGS) from 01.11...

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Bombay High Court Dismisses Petitioners' Writ Petitions Seeking Revival of Land Acquisition References Due to Inordinate Delay and Laches. Petitioners failed to appear before the Reference Court for over a decade, leading to dismissal of references under Section 18 of the Land Acquisition Act, 1894.

The petitioners filed writ petitions challenging orders of the Civil Judge Senior Division, Omerga, dismissing their Land Acquisition References (LARs...

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Bombay High Court Acquits Husband in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence.

The appellant, Sandip Prakash Rathod, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kavita, by setting her on f...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Time Was Not the Essence of Contract, but Plaintiff's Conduct Showed Lack of Readiness and Willingness, Hence Decree for Specific Performance Set Aside.

The case involves two first appeals arising from a common judgment and decree dated 10.1.2008 passed by the III Joint Civil Judge, Senior Division, Na...

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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 Upholds Conviction Under Section 304-II IPC for Culpable Homicide in Fatal Assault Over Theft of Oranges. Sentence of Accused No.1 Reduced from 10 Years to 7 Years Considering Lack of Premeditation.

The case arises from an incident on 30.10.1995 when the deceased Suhas, along with a 10-year-old boy Sanjay, was returning home on a bicycle. Near the...