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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Bombay High Court Dismisses Petition Challenging Substitution of Accused in Section 630 Companies Act Proceedings. Continuing Offence of Unauthorized Occupation Does Not Abate on Death of Original Accused; Legal Heir Can Be Substituted.

The case involves a criminal writ petition filed by Ms. Komal Manu Sahani challenging an order of the learned Magistrate allowing substitution of the ...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Allows Writ Petition Challenging Civil Court's Dismissal of Suit on Ground of Arbitration Clause Under Stock Exchange Bye-laws. Transaction Not Through Stock Exchange Member, Hence Civil Court Has Jurisdiction to Entertain Recovery Suit.

The petitioners, M/s. Prashant Commercial, filed a suit for recovery of Rs. 23 lakhs against the respondent, Rajratan R. Mohta, claiming that the amou...