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Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution.

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside ...

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Bombay High Court Quashes Amalgamation Notification for Lack of Consent — Amalgamation Under Section 44 of Maharashtra Agricultural Produce Marketing Act Requires Consent of Both Market Committees. Withdrawal of Consent by One Committee Renders the Process Invalid.

The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 ...

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Bombay High Court Allows Appeal Against Insurer in Goods Vehicle Passenger Death Case — Hirer Travelling with Goods Deemed Passenger Under Section 166 Motor Vehicles Act, 1939. Division Bench Precedent on Risk Coverage for Hirer Travelling with Goods Followed.

The appellants, legal heirs of Shankar Laxman Barve, filed a claim petition under Section 166 of the Motor Vehicles Act, 1939, seeking compensation fo...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Not a Sham Transaction. Appellant failed to prove that sale deed dated 3.2.1975 was without consideration or a sham document; concurrent findings of courts below upheld.

The case involves a property dispute between two brothers, Shashikant Haribhau Bandewar (appellant-plaintiff) and Bhalchandra Haribhau Bandewar (respo...

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Bombay High Court Allows Petition of BDS Student Challenging Invalidity of Scheduled Tribe Certificate. Court holds that Scrutiny Committee erred in rejecting Thakar tribe claim based on preponderance of probabilities and contemporaneous school records of paternal relatives.

The petitioner, Ms. Snehal Dilip Gaikwad, a student provisionally admitted to the Bachelor of Dental Surgery (BDS) course at Sinhgad Dental College, P...

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Bombay High Court Dismisses Petition Challenging Termination of Temporary Employee for Suppression of Criminal Case. Attestation Form Filled by Friend with False Information Justifies Discharge from Service.

The petitioner, Dattaraya Kaluram Dedge, was employed as a casual labourer at the National Defence Academy, Pune. He and other casual labourers filed ...