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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher on Grounds of Surplusage Under Rule 26 of MEPS Rules. Termination Held Illegal as Procedure Not Followed and Earlier Tribunal Order Binding.

The petitioner, Nitin Panjabrao Phalke, was appointed as an Assistant Teacher in a school run by respondent no.2 society with effect from 23.6.1992. H...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Bombay High Court Dismisses Petition Challenging Forest Department's Notice on Private Forest Land. Held that lands restored under Section 22A of Maharashtra Private Forests (Acquisition) Act, 1975 retain status of reserved forest under Indian Forest Act, 1927.

The Petitioner, Sinhagad Technical Education Society, claimed ownership of lands bearing Gat Nos. 310 and 311 at village Kusgaon Budruk, Taluka Maval,...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Single Judge's Order Partially Setting Aside Arbitral Award. The Court affirmed reduction of interest rate from 18% to 12% per annum and setting aside of claim nos. (d) and (g) and interest on security deposit.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Indian Oil Corporation Ltd. (IOCL) against a judg...

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Bombay High Court Dismisses Petition Challenging Enhancement of Maintenance to Wife Under Hindu Adoptions and Maintenance Act, 1956. Family Court's Order Enhancing Maintenance from Rs.3000 to Rs.8000 per Month Upheld as Not Perverse.

The petitioner, Prakash S. Randive, challenged the order dated 21 January 2016 of the Family Court, Mumbai, which enhanced the maintenance payable to ...