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Madras High Court Initiates Suo-Motu Writ Petition Challenging Appointments of Personal Assistants to Judges. Selection Process Through Circular Dated 07.06.2023 Found to Contravene Rule 14A of Madras High Court Service Rules, 2015, and Article 14 Due to Arbitrary Relaxations and Irregularities.

Background: The High Court of Madras, through a Division Bench, initiated a suo-motu writ petition under Article 226 of the Constitution of India, tak...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

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Bombay High Court Allows Petition Challenging Policy Circulars in SEIS Benefits Case — Circulars Imposing Additional Conditions for Service Providers Held Ultra Vires. Shipping Agent Entitled to SEIS Benefits as Service Provider Under Foreign Trade Policy.

The petitioner, Atlantic Shipping Private Limited, a shipping agent providing port services and logistical support to foreign clients, challenged the ...

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Bombay High Court Quashes Auction Sale in Co-operative Bank Recovery for Non-Compliance with Rule 107 of Maharashtra Co-operative Societies Rules, 1961. Sale Set Aside Due to Failure to Follow Mandatory Procedure and Lack of Proper Notice to Borrower.

The petitioner, M/s. Puran Automobiles, a partnership firm, had taken a loan from the respondent Janta Sahakari Bank Ltd. The Bank obtained a certific...

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Bombay High Court Upholds Circular Requiring Audit by Chartered Accountants or Certified Auditors in Cooperative Societies. Section 81(1)(a) of Maharashtra Cooperative Societies Act, 1960 empowers Registrar to prescribe auditor qualifications, and the circular is a valid general order.

The judgment concerns two writ petitions challenging a circular dated 11th November 1996 issued by the Government of Maharashtra under Section 81(1)(a...