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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

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Bombay High Court Allows Writ Petition Challenging BCCI Disciplinary Committee's Refusal to Recuse Members. Natural Justice Requires Impartial Adjudication; Bias Allegations Against Committee Members Must Be Examined.

The petitioner, Lalit Kumar Modi, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 11th August 2010 of ...

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Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint.

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respond...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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Bombay High Court Quashes Suspension of Pilot License for Violation of Natural Justice — DGCA Order Set Aside for Non-Compliance with Section 19(b) Sub-Rule (3) of Aircraft Rules, 1937. License Suspension Without Prior Hearing and Without Recording Reasons Held Illegal.

The petitioner, Saurabh P. Lokhande, was issued a Commercial Pilot License by the Republic of Philippines in November 2007. He subsequently applied fo...

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Bombay High Court Quashes Cancellation of Essentiality Certificate and Affiliation for Dental College Without Prior Hearing — Violation of Natural Justice. Essentiality Certificate and Affiliation Withdrawn Without Show Cause Notice or Opportunity of Hearing, Held Void.

The petitioner, Aditya Education Trust's Aditya Hospital & Dental College, challenged two orders: (1) the State's order dated 2 September 2013 withdra...