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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Bombay High Court Allows Writ Petition Challenging BCCI Disciplinary Committee's Refusal to Recuse Members. Natural Justice Requires Impartial Adjudication; Bias Allegations Against Committee Members Must Be Examined.

The petitioner, Lalit Kumar Modi, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 11th August 2010 of ...

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Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

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Bombay High Court Allows Writ Petition Challenging School Tribunal Order Setting Aside Termination of Clerk. Petitioner-Management Succeeds as Tribunal Exceeded Its Jurisdiction by Entering into Merits Without Considering Preliminary Objection Regarding Maintainability of Appeal.

The petitioner, Santosh Baliram Dalvi, the Secretary of Vasant Dada Patil Shikshan Sansthan (Respondent No.2), challenged the judgment and order dated...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Application in MSMED Act Arbitration. Court Holds That Section 34 Application Is Maintainable and Limitation Period Under Section 34(3) Applies.

The appellant, M/s. Ravindranath GE Medicate Associate Private Limited, issued a work order dated 9th January 2008 to the respondent, M/s. Clean Coats...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance...

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Bombay High Court Sets Aside Opinion of Adjudicating Authority Under FEMA for Failure to Supply Documents and Provide Reasons. The Court Directs That All Documents Referred to in the Complaint Must Be Furnished and That the Opinion Under Rule 4 of the Adjudication Rules Must Be a Reasoned Order.

The writ petition was filed by Lalit Kumar Modi, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the India...