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Bombay High Court Allows Guarantor's Petition in RDB Act Execution Case — Notice Under Section 31A Mandatory. Failure to Serve Notice on Judgment Debtors Before Issuing Recovery Certificate Violates Natural Justice and Section 31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Dr. Sudhakar Borkar, was a guarantor to a loan taken by respondent No.5 (M/s R & S Enterprises) from respondent No.1 (State Bank of In...

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Bombay High Court Allows Petition to Bring Legal Heirs on Record in Civil Suit — Duty of Pleader to Inform Court of Party's Death Under Order XXII Rule 10A CPC. Trial Court Erred in Rejecting Application for Delay Without Considering Statutory Obligation of Pleader to Communicate Death.

The Petitioner, Ida Fernandes, was the original Plaintiff in Suit No. 9046 of 2000 pending before the Bombay City Civil Court. She filed Chamber Summo...

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High Court of Judicature at Bombay Rules in Favor of Teacher in Disciplinary Case. Court Quashes Illegal Punishment Imposed by School Management.

The High Court of Judicature at Bombay, Aurangabad Bench, quashed the penalty imposed by the school management on the petitioner, a permanent teacher,...

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Bombay High Court Upholds No-Confidence Motion Against Sarpanch and Upa-Sarpanch Under Maharashtra Village Panchayats Act. Procedural Irregularities Such as Lack of Proposer and Seconder and Secret Ballot Demand Found Not Fatal to the Motion's Validity as Majority Rule Prevails.

The petitioners, Sarpanch and Upa-Sarpanch of Grampanchayat Rahuwadi, were elected from a body of eleven members. On 3rd October 2023, seven members s...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Dismisses Part-Time Teacher's Pension Claim in Night Junior College Case. Teacher's 29 years of part-time service in a night junior college does not qualify as full-time service under MEPS Rules for pension eligibility.

The petitioner, Mrs. Rajani Rajan Dixit, a retired teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

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Bombay High Court Dismisses Petition Challenging Rejection of Order XII Rule 6 CPC Application in Suit for Recovery and Possession — No Clear Admission Found in Written Statement.

The petitioner, Manoj Brijlal Kapoor (Defendant No.5), filed a writ petition under Article 227 of the Constitution of India challenging an order dated...

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Bombay High Court Allows Writ Petition Challenging Election Petition Dismissal in Cooperative Bank Election Dispute. Court holds that defects in election petition cannot be cured after expiry of limitation period under Rule 10 of Maharashtra Specified Societies Committees Election Rules, 1971.

The petitioner, Trimbak Patil, was declared elected as a member of the Managing Committee of the Aurangabad District Central Co-operative Bank Ltd. (A...