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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Bombay High Court Considers Preliminary Objection in Election Petition No. 11 of 2009 Alleging EVM Tampering and Excess Expenditure. The Court Hears Arguments on Maintainability Under Sections 81(3) and 83 of the Representation of the People Act, 1951.

The judgment pertains to an election petition filed by Dr. Madhavrao Kinhalkar, an independent candidate, challenging the election of Ashok Shankarrao...

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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Member Under Bombay Village Panchayats Act, 1958. Challenge Raises Issue of Jurisdiction to Entertain Disqualification Complaint After Elections Without Filing Election Petition Under Section 15.

The writ petition arose from proceedings under the Bombay Village Panchayats Act, 1958. The petitioner was elected from Ward No.4 of Gram Panchayat Kh...

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Bombay High Court Upholds No-Confidence Motion Against Sarpanch and Upa-Sarpanch Under Maharashtra Village Panchayats Act. Procedural Irregularities Such as Lack of Proposer and Seconder and Secret Ballot Demand Found Not Fatal to the Motion's Validity as Majority Rule Prevails.

The petitioners, Sarpanch and Upa-Sarpanch of Grampanchayat Rahuwadi, were elected from a body of eleven members. On 3rd October 2023, seven members s...

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Bombay High Court Dismisses Writ Petition Against Kolhapur District Bar Association on Maintainability Grounds. Bar Association Held Not State Under Article 12; Writ Not Maintainable for Disputes Between Members and Association; Remedy Lies in Civil Suit.

The petitioners, four advocates and members of the Kolhapur District Bar Association, filed a writ petition under Article 226 of the Constitution of I...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...