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WRIT PETITION NO. 5290 OF 2013

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Bombay High Court Upholds Suspension Orders of Municipal Officers Under Section 56(1)(b) of BPMC Act for Disciplinary Enquiry. The court overruled a previous Division Bench decision that had restricted the provision to criminal proceedings, holding that suspension pending enquiry into charges is valid.

The case involved a writ petition filed by five officers of the Navi Mumbai Municipal Corporation challenging their suspension orders. The petitioners...

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KAHC010422252008_1

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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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Supreme Court Upholds State's Appeal in Service Suspension Case; Rule that Order Effective from Issue Date under Punjab Civil Services Rule 3.26(d). Suspension Order Communicated Prior to Retirement Valid Regardless of Receipt, Allowing Disciplinary Dismissal.

The Supreme Court considered an appeal by the State of Punjab against a High Court decision quashing the dismissal of a government servant, Khemi Ram....

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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High Court of Bombay Considers Challenge to Banning Order Issued by Public Sector Undertaking – Allegations of Blacklisting Without Proper Notice and Violation of Fundamental Rights. Petitioner Contends That Show Cause Notice Did Not Specify Intention to Ban for Three Years, Rendering Order Arbitrary.

The writ petition under Article 226 of the Constitution of India was filed by a private limited company engaged in corrosion resistant coating applica...