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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Directions for Trust Administration. Directions for enrollment of new members and conduct of elections under Section 41D of Bombay Public Trusts Act, 1950 upheld as valid.

The petitioner, Shri Panjabrao Mohanji Phalke, filed a writ petition challenging the order dated 3-9-2003 passed by the Joint Charity Commissioner, Na...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates Under Section 394 CrPC as No Legal Heir Can Continue Challenge to Conviction.

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Sec...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates as Sentence of Imprisonment Cannot Be Executed After Death Under Section 394 CrPC.

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Sec...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Directors of Bullion Firms Not Liable for Criminal Breach of Trust. Dispute Over Gold Loan Repayment and Return of Gold Bars Held to Be Purely Civil, Not Attracting Sections 406, 420 IPC.

The applicants, directors of Banka Bullions and G.K. Trexim, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) see...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...

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Bombay High Court Dismisses Petition Challenging Recognition of Trade Union Under Section 11 of MRTU & PULP Act. Membership Verification Based on Employer's Records Upheld as Proper.

The petitioner, Bharatiya Kamgar Sena, a trade union registered under the Trade Unions Act, 1926, challenged an order of the Industrial Court declarin...