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Supreme Court examines High Court order staying disciplinary proceedings against bank employee pending criminal trial. High Court had directed stay until recording of prosecution evidence, citing prejudice and Clause 4 of Bipartite Settlement.

The appeal before the Supreme Court arose from a High Court decision staying disciplinary proceedings against a bank employee pending the recording of...

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

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Bombay High Court Allows Writ Petition Challenging Slum Tribunal's Jurisdiction After Amendment. Holds That Amendment Substituting Appellate Forum Is Procedural and Retrospective, Directs Transfer of Pending Appeal to Grievance Redressal Committee Under Section 3C of Maharashtra Slum Areas Act.

The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, S...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Quashes FIR Against Directors in VAT Evasion Case — IPC Offences Not Invokable When Special Statute Exists. FIR under IPC and MVAT Act quashed as investigation under MVAT Act must be by VAT authorities, not police, and IPC cannot be invoked for acts covered by special statute.

The petitioners, directors of G.S. Oils Ltd., challenged FIR No. 139/2012 registered at Police Station Wani for offences under Sections 406, 409, 420,...

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Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...