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Bombay High Court Quashes Chapter Proceedings Under Section 107 CrPC Based on Single FIR Without Independent Material. Mere Registration of Criminal Case Insufficient to Justify Preventive Action Under Section 107 CrPC.

The petitioners, Sandeep Shivaji Mhatre, Tushar Bhimsen Saigaokar, and Nilesh @ Sonu Mahanand Jadhav, filed three separate criminal writ petitions cha...

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Bombay High Court Allows Writ Petition Against Registrar’s Order Refusing Permission Under Maharashtra Cooperative Societies Act, 1970 to Sue Liquidator. Court Holds That Permission Under Section 107 is a Formality and Registrar Must Not Consider Merits of the Employees’ Wage Claim.

The dispute arose when 83 former employees of the Amravati Growers’ Cooperative Spinning Mills Ltd. sought permission under Section 107 of the Mahar...

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Bombay High Court Quashes Auction Sale in Co-operative Bank Recovery for Non-Compliance with Rule 107 of Maharashtra Co-operative Societies Rules, 1961. Sale Set Aside Due to Failure to Follow Mandatory Procedure and Lack of Proper Notice to Borrower.

The petitioner, M/s. Puran Automobiles, a partnership firm, had taken a loan from the respondent Janta Sahakari Bank Ltd. The Bank obtained a certific...

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Bombay High Court Dismisses Petitioner's Challenge to Recovery Proceedings Under Maharashtra Co-operative Societies Rules — Petitioner Failed to Impugn Recovery Certificate and Possession Was Lawfully Taken Under Rule 107(11)(d-1).

The petitioner, Anil G. Tupte, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16th March 2017 passed ...

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Bombay High Court Quashes Notice Under Section 111 CrPC for Non-Application of Mind and Vague Allegations — Use of Printed Proforma Without Recording Reasons Renders Notice Invalid

The petitioner, Ruben Franco, challenged a notice dated 6/01/2017 issued under Section 111 of the Code of Criminal Procedure, 1973 by the Deputy Colle...

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Bombay High Court Hears Appeal Against Decree on Admission in Commercial Suit — Decree for Rs.4.25 Crores Granted on Alleged Admission in Claim for Rs.22.66 Crore

The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in ...