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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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KAHC010159832015_1

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Murder by Burning Case. Conviction Under Sections 302, 307 IPC Upheld but Death Penalty Not Warranted Due to Mental Instability and Provocation.

The case arises from an incident on 14th April 2017, when the accused, Deepak Birbahadur Jath, poured petrol on Amravati (deceased) and set her on fir...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Reliance on Stale Instances. Detaining Authority Failed to Consider Acquittals in Previous Cases, Rendering Subjective Satisfaction Invalid.

The petitioner, Amol alias Guddu s/o Sevakar Khorgade, challenged a detention order dated 08/11/2022 passed by the Commissioner of Police, Nagpur unde...

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Bombay High Court Upholds Disqualification of Gram Panchayat Member for Having More Than Two Children Under Section 14(1)(j1) of Bombay Village Panchayats Act, 1958. Children from Both Marriages Counted Regardless of Divorce; Belated Application Does Not Bar Disqualification.

The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Res...

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Bombay High Court Upholds School Tribunal's Order Granting Pensionary Benefits to Supervisor Terminated for Misconduct. Termination Order Set Aside as Disciplinary Inquiry Was Not Conducted; Employee Entitled to Pensionary Benefits Without Back Wages or Reinstatement.

The petitioners, Rayat Shikshan Sanstha and the Head Master of Shri Shambhu Mahadev Vidayalaya, filed a writ petition under Articles 226 and 227 of th...