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Bombay High Court Allows Writ Petition Against Illegal Seizure of Vehicles Without Due Process. Authorities directed to release dumpers/tippers seized without following procedure under Motor Vehicles Act, 1988.

The petitioners, a partnership firm engaged in construction business and its partners, owned two dumpers/tippers (registration Nos. MH-04-CP-0308 and ...

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Bombay High Court Dismisses Writ Petition Seeking Action Against Police Officers for Alleged Harassment and Illegal Detention — No Evidence of Malafides or Violation of Fundamental Rights Found.

The petitioner, Murlidhar Atmaram Wani, a retired driver from Municipal Council, Dharangaon, filed a criminal writ petition under Article 226 of the C...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...

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Bombay High Court Dismisses Employer's Petitions Challenging Labour Court Orders in Unfair Labour Practice Complaints. Summary jurisdiction under Section 28 of MRTU & PULP Act does not bar determination of disputed employer-employee relationship when status is prima facie established.

The judgment involves three writ petitions filed by Birla Cotsyn (India) Ltd., the employer, challenging identical orders passed by the Labour Court a...

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Bombay High Court Dismisses Challenge to Appointment of Research Officer in Municipal Corporation - Alternative Qualification Valid. Court held that inclusion of NIEPA Diploma as alternative to Ph.D. for Research Officer post was valid and did not require prior academician report.

The petitioner, Dr. Jivba R. Keluskar, an Administrative Officer in the Bombay Municipal Corporation, challenged the appointment of respondent no.5, M...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Transfer Order in Service Matter — Transfer Upheld as Administrative Necessity. Short Tenure and Alleged Malafides Not Sufficient to Interfere with Transfer Order Issued in Public Interest.

The petitioner, an Executive Engineer in the Public Works Department of Maharashtra, challenged his transfer order dated 31.5.2011 from Jalna to Yeotm...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...

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Bombay High Court Dismisses Writ Petition Challenging Consolidation Orders Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Petitioners Failed to Challenge Earlier Orders in Time, and Subsequent Orders Were Merely Consequential.

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging a letter dated 2nd February 1990 and a notice dated 3...