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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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Bombay High Court Dismisses Petitions of Daily Wagers Challenging Termination by Forest Development Corporation of Maharashtra Ltd. — Petitioners Failed to Prove 240 Days of Continuous Service Under Section 25-B of Industrial Disputes Act, 1947.

The judgment pertains to four writ petitions filed by daily wagers (Kisan Atmaram Kasti, Hari Shravan Randive, Manohar Shripat Sakharkar, and Yogeshwa...

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Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Allows Conversion of Divorce Petition to Mutual Consent Despite Wife's Absence. Counselling Not Mandatory Under Section 13B of Hindu Marriage Act, 1955; Power of Attorney Holder Can Represent Party for Consent Terms.

The petitioner husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty, which was pending b...

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Bombay High Court Dismisses Petition Challenging Restriction Order Against Iranian Nationals in Foreigners Act Case. Court upholds restriction order under Para 11(2) of Foreigners Order, 1948, holding that foreign nationals cannot claim fundamental rights under Article 19(1)(d) and (e) of Constitution.

The petitioners, Iranian nationals, filed a writ petition under Article 226 of the Constitution of India challenging a restriction order dated 2nd Nov...

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Bombay High Court Upholds Conviction of Five Accused in Murder Case Arising from Canal Dispute. The court affirmed life imprisonment under Section 302 read with 149 IPC for causing death during an unlawful assembly with common object of damaging property.

The case arises from an incident on 07/02/2004 at about 10:00 PM when the deceased and prosecution witnesses went to their field for watering crops. T...