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Bombay High Court Dismisses Petition Challenging CAT Direction for Common Command Roster in Promotion Policy. Policy Matter Upheld as Reasonable and Not Arbitrary, CAT's Decision Affirmed.

The Union of India and others filed a writ petition challenging the judgment and order dated 28 June 2002 of the Central Administrative Tribunal (CAT)...

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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...