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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...

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Bombay High Court Allows Writ Petition Against AICTE for Denial of Approval to Technical College Despite Earlier Directions. Court holds that AICTE cannot refuse approval based on deficiencies not communicated in show cause notice and must comply with earlier judicial orders.

The petitioners, Akole Taluka Education Society and its Technical Campus, filed a writ petition challenging the refusal of the All India Council for T...

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Bombay High Court Allows Petitioners to Continue in Service Despite Illegal Appointments Due to Long Pendency and Interim Orders. Appointments by President without sanctioned posts upheld on ground of legitimate expectation and equities.

The petitioners, 21 daily wage workers, were appointed by the then President of the Municipal Council, Tumsar, in 1990. The Regional Director of Munic...

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Bombay High Court Allows Protection in Service for Employee with Invalid Caste Certificate. Employee who gave up challenge to caste invalidation order granted reinstatement without back wages or reservation benefits.

The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate clai...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court Dismisses Husband's Revision Challenging Maintenance Award to Wife Under Section 125 CrPC. Court Holds That Wife's Ability to Earn Does Not Disentitle Her to Maintenance If She Is Unable to Maintain Herself, and Husband Failed to Prove Wife's Income or Desertion.

The case involves a criminal revision application filed by Keshaorao Ramchandra Wairagade (husband) challenging the order of the Family Court, Nagpur,...