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Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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Bombay High Court Dismisses Writ Petition Challenging Reversion from Contractual Higher Post to Substantive Lower Post. Officer holding substantive lower post cannot claim right to continue in higher contractual post after expiry of fixed tenure, as contractual appointment does not amount to promotion.

The petitioner, Umesh V. Pawar, was initially appointed as a Junior Engineer (Civil) with M/s. Haffkine Bio-Pharmaceutical Corporation Ltd., a governm...

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Supreme Court Declares Accused Juvenile and Quashes Death Sentence Under Juvenile Justice Act, 2015. Age Determination Based on School Birth Certificate Prevails Over Ossification Test, Leading to Release After Over 5 Years Incarceration as Maximum Sentence for Juvenile Below 16 is 3 Years.

The Supreme Court heard appeals challenging the judgment and order dated 15.11.2018 of the Madhya Pradesh High Court, which affirmed the death sentenc...

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Karnataka High Court Dismisses PIL Challenging Closure of HAL Airport for Commercial Operations. Concession Agreement for Bangalore International Airport Held Valid and Not Contrary to Public Interest.

The judgment pertains to two writ petitions filed as Public Interest Litigations (PILs) challenging the closure of HAL Airport (Bangalore) for commerc...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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Bombay High Court Dismisses Teacher's Suit Challenging Resignation as Coerced — Resignation Voluntarily Tendered and Validly Accepted Under MEPS Act, 1977.

The plaintiff, a teacher at defendant No.2 school run by defendant No.1, tendered his resignation on 25th August 1993. The Principal accepted it the n...

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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

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Bombay High Court Allows Appeal in Hotel Business Dispute — Conducting Agreement Expired, No Tenancy Rights Created. Agreement for Conducting Hotel Business Held Not to Confer Tenancy Rights Under Transfer of Property Act, 1882.

The appellants (original plaintiffs) filed a suit in 1987 seeking declaration that an agreement dated 16th August 1984 for conducting a hotel business...