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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...

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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 Dismisses Writ Petition Challenging Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Dishonour of Cheque Due to Insufficient Funds. Court Held That Presumption Under Section 139 of NI Act Stands Unless Rebutted by Accused on Preponderance of Probabilities.

The case involves a criminal appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued by t...

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Supreme Court Allows Bank of Baroda's Appeal Against High Court Order Quashing Termination of Probationary Employee. Unsatisfactory Performance and Misconduct During Probation Justify Termination Without Stigma.

The present appeal arises from a judgment of the Calcutta High Court which allowed the writ petition of the respondent-employee and quashed his termin...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...

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High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

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Bombay High Court Quashes Termination of Deputy Manager in Indian Airlines Case Due to Lapsed Regulations and Violation of Natural Justice. Regulation 13 of Indian Airlines Service Regulations Held Void for Absence of Enquiry and Principles of Natural Justice.

The petitioner, Prabha D. Kannan, a former Deputy Manager (In Flight Services) of Indian Airlines Ltd., challenged her termination from service by an ...