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KAHC010451182019_1

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Bombay High Court Directs Absorption of Retrenched Staff from Derecognised Aided School Under MEPS Rules. Education Department Obligated to Consider Absorption of Surplus Staff in Other Aided Schools as per Rule 25A of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The petitioners were employees of a school run by respondent no. 4 society at Belora, which was derecognised. They sought a writ directing the Educati...

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Bombay High Court Upholds Industrial Court Order Setting Aside Dismissal of Union Leader for Victimization and Unfair Labour Practice. Employer's Failure to Conduct Fair Enquiry and Denial of Natural Justice Renders Dismissal Void Under MRTU & PULP Act, 1971.

The case involves two cross-petitions arising from an order of the Industrial Court dated 18th March 2002 in Revision Application (ULP) No. 43 of 2001...

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Bombay High Court Allows Dental College's Petition for Renewal of Permission for MDS Course. Court Directs Fresh Inspection by Dental Council of India Before Final Decision on Renewal of Permission for 3rd Year MDS Course in Oral and Maxillofacial Surgery.

The petitioner, Dental College & Hospital of the Vidarbha Youth Welfare Society, Amravati, filed a writ petition seeking to quash the refusal/non-rene...

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Bombay High Court Dismisses Petitioners' Writ Petitions in Unfair Labour Practice Complaints Against Hospital. The Court held that the Industrial Court correctly declined jurisdiction when the employer-employee relationship was disputed due to contract labour claims, following Supreme Court precedents.

The litigation arose out of writ petitions filed by a group of workers (Aayas and Ward Boys) challenging the Industrial Court's dismissal of their com...

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Bombay High Court Dismisses Management's Writ Petition Challenging Reinstatement and Back Wages of Teacher. Oral Termination of Employee with Over Five Years' Service Found Unlawful; Appointment Order Under Rule 9(5) of MEPS Rules, 1981, Established Valid Employment.

The management of a private school filed a writ petition before the Bombay High Court challenging the judgment of the School Tribunal, Aurangabad, whi...

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...