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Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101.

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbe...

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Bombay High Court Dismisses Petition Seeking Variation of Consolidation Scheme Under Section 32 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1948 — Scheme Finalized in 1990 Cannot Be Varied After 29 Years Due to Laches and Lack of Jurisdiction.

The petitioners, Kisan Bhimrao Patil and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High ...

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High Court of Karnataka Quashes Slum Notification for Non-Compliance with Section 3 of Karnataka Slum Areas Act. Landowners succeed in challenging slum declaration due to lack of prior publication and consideration of objections.

The petitioners, owners of land in Mandya District, challenged a notification dated 07.01.2013 issued by the Deputy Commissioner, Mandya, declaring th...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Court sets aside compromise decree as minor defendant was not properly represented and compromise was not in his interest under Order 32 Rule 7 CPC.

The present Letters Patent Appeal arises from the decision of a learned Single Judge in Writ Petition No. 2965/2011, which had upheld a compromise dec...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Failure to Appoint Guardian Ad Litem for Minor Defendant Renders Compromise Decree Voidable Under Order 32 Rule 7 CPC.

The Letters Patent Appeal was filed by Mangesh, a minor, through his next friend Ambika Manik Mane, challenging the decision of a learned Single Judge...

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Bombay High Court Dismisses Union's Petition Alleging Unfair Labour Practice by Employer. Company's denial of permanency to 15 workmen held not to constitute unfair labour practice under Item 6 of Schedule IV of MRTU & PULP Act, 1971 as workmen failed to prove continuous service.

The petitioner, Maharashtra Association of General Workers, a trade union, filed a writ petition challenging the judgment and order dated November 20,...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Bombay High Court Allows Quashing of Criminal Proceedings in Assault Case Due to Compromise Between Related Parties. Offences Under Sections 326, 324, 323, 504, 506 IPC Read with Section 34 IPC Compounded as They Are Not Grave and Parties Are Relatives.

The applicants, Jagannath Bhagwat Shelke and Shobha Jagannath Shelke, filed a criminal application under Section 482 of the Code of Criminal Procedure...

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Bombay High Court Allows Pension Benefits to Retired Bank Employee Despite Delay in Deposit of Contribution Amount Under Joint Note Dated 27 April 2010. The court held that the three-day period for deposit was unreasonable and that the petitioner's substantial compliance warranted granting pension.

The petitioner, Ramesh Gajanan Nigudkar, joined the Bank of Baroda as a subordinate staff member on 4 March 1967 and retired after 39 years of unblemi...