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Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

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Bombay High Court Dismisses Petition Challenging Reduction in Nursing Council Representation Under 2013 Act. The Court upheld the Maharashtra State Board of Nursing and Paramedical Education Act, 2013, finding no violation of Article 14 in reducing elected members from five to one per region.

The petitioner, Smt. Indumati Tukaram Thorat, an elected member of the Maharashtra Nursing Council from the trained nurses assistants constituency, ch...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

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Bombay High Court Allows Withdrawal of Appeal in Arbitration Dispute Over Share Delivery — Respondent's Opposition on Grounds of Hardship Not Sustained. Court Permits Withdrawal Without Prejudice to Respondent's Rights Under the Award and Pending Proceedings.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment of a Single Judge dated 2 February...

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Bombay High Court Allows State's Petition Challenging Commissioner's Stay on Compulsory Retirement of Disabled Employee. Commissioner under Disabilities Act lacks jurisdiction to interfere with compulsory retirement order under Rule 10(4)(b) of Maharashtra Civil Services (Pension) Rules, 1982.

The State of Maharashtra filed a writ petition challenging the order of the Commissioner appointed under the Persons with Disabilities (Equal Opportun...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Damages by Non-Member Against Cooperative Society. Jurisdiction of Civil Court Not Barred Under Section 164 of Maharashtra Cooperative Societies Act, 1960 as Plaintiff Was Not a Member at Time of Contract.

The appellant, Cargill India Private Limited, filed a suit for damages of Rs. 2 crores against the respondent, Shri Adinath Sahakari Sakhar Karkhana L...

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Bombay High Court Upholds Environmental Protection in Public Interest Litigation Regarding Construction on Agricultural Land. Court Directs Demolition of Unauthorized Structures and Restoration of Land to Original Condition Under Maharashtra Agricultural Universities Act, 1983 and Environmental Laws.

The Bombay High Court, Nagpur Bench, disposed of a Public Interest Litigation (PIL No. 34/2010) initiated suo motu by the court and a connected Writ P...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...