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Bombay High Court Dismisses Petition Challenging Enquiry Order Under Section 83 of MCS Act — No Pre-Decided Views Found in Registrar's Order. Appointment of Authorised Officer for Enquiry into Society's Affairs Upheld as Registrar Acted on Prima Facie Material Without Prejudging Issues.

The Petitioner, Raghuleela Megamall Kandivali (West), a cooperative society formed by occupiers of units in a mall, challenged an order dated 9 March ...

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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Bombay High Court Dismisses Wife's Appeal, Upholds Divorce Decree on Ground of Cruelty Under Hindu Marriage Act — False Allegations of Adultery and Criminal Complaints by Wife Constitute Mental Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-wife challenged the judgment of the Family Court, Akola, which allowed the respondent-husband's petition for dissolution of marriage on ...

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Bombay High Court Quashes Temporary Dismissal of Employee Pending Disciplinary Proceedings — 'Temporary Dismissal' Held to be a Concept Alien to Service Jurisprudence. The court held that only suspension is permissible as an interim measure and quashed the order of temporary dismissal.

The petitioner, Kailash Bhaskarrao Deshmukh, an employee of the Aurangabad Zilla Parishad Karmachari Sahakari Patsanstha Ltd., was aggrieved by an ord...

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High Court of Bombay Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Title and Measurement. Courts below failed to consider defendant's ownership claim and necessity of proper measurement to determine encroachment.

The case involves a second appeal arising from a suit for recovery of possession of encroached land. The plaintiffs (respondents) claimed that the def...