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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Quashes Removal of Sarpanch and Members Under Maharashtra Village Panchayats Act for Violation of Natural Justice. Orders Set Aside as Show-Cause Notice Did Not Specify Charges and Inquiry Was Conducted Without Giving Opportunity of Hearing.

The petitioners, who were members of the Gram Panchayat Karodi Sajapur including the Sarpanch and Up-Sarpanch, challenged the orders dated 6th Februar...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Pay Fixation Dispute — No Misrepresentation by Employee. Recovery of Rs.3,46,931/- from pension set aside as order passed without notice and employee not responsible for pay fixation error.

The petitioner, Rangrao s/o Mersing Jadhav, was appointed as a Peon on 08.11.1983 and superannuated on 31.08.2017 as Junior Administrative Officer (Su...

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Bombay High Court Dismisses Appeal for Correction of Date of Birth in Government Service Record — Belated Application and Lack of Evidence Lead to Dismissal. Fundamental Rule 56 Note 6 Requires Correction Within Five Years of Entry into Service.

The appellant, Shri Ramdas Parab, was a government servant who entered service in 1967 as a Watchman. His date of birth was recorded as 10-3-1943 in h...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Upholds Acquittal of Police Officers in Custodial Violence Case Due to Limitation Bar Under Section 161 of Bombay Police Act, 1951. Prosecution for Offences Under Sections 330, 324, 323, 354, 166 IPC Filed Beyond Six Months from Date of Incident Held Not Maintainable.

The State of Maharashtra appealed against the acquittal of two police officers, Sheshrao Thombre (ASI) and Kacharu Rengade (Police Constable), who wer...