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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Allows Appeals in Cricket Association Election Dispute — Interim Order Set Aside for Lack of Jurisdiction. Court holds that disputes relating to internal elections of a society are not maintainable in civil court without exhausting remedies under the Societies Registration Act, 1860.

The case involves two appeals arising from a suit filed by Gopinath Munde against the Mumbai Cricket Association (MCA) and its office bearers, includi...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Upholds Cantonment Board's Pay-and-Park Scheme on MG Road, Pune — Scheme Intra Vires Due to Incidental Powers Under Cantonment Act, 1924. Bye-law 43 and Rule 46 Confer Authority to Regulate Traffic and Levy Parking Fees, Not Violative of Article 19(1)(g).

This writ petition under Article 226 of the Constitution of India challenged a pay and park scheme introduced by the Pune Cantonment Board on Mahatma ...

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Bombay High Court Upholds Dismissal of Judicial Officer in Disciplinary Proceedings for Misconduct. Non-Supply of Enquiry Report Before Final Order Does Not Vitiate Proceedings Absent Prejudice.

The petitioner, a judicial officer, joined the Maharashtra Judicial Service in 1990. Disciplinary proceedings were initiated against him, and an enqui...

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Bombay High Court Dismisses Appeal Against Order Condoning Delay of 129 Days in Arbitration Petition. Benefit of Section 14 of Limitation Act Extended as Earlier Filing in Delhi Court Was Bona Fide Despite Lack of Territorial Jurisdiction.

The dispute arose from an arbitral award passed on 25 February 2014. The respondent, Globe Capital Market Ltd., challenged the award by filing an arbi...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Supreme Court Sets Aside Dismissal of Judicial Officer for Granting Bail and Acquitting Accused, Holding That Wrong Orders Alone Do Not Constitute Misconduct. Disciplinary Action Requires Proof of Extraneous Considerations or Corrupt Motive, Not Mere Errors of Judgment.

The Supreme Court allowed the appeal filed by the legal representatives of the deceased judicial officer, Krishna Prasad Verma, against the State of B...