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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996....

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbitration petitions under Section 34 of the Arbitrat...

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Bombay High Court Quashes FIR in Land Dispute Case Due to Civil Nature and Malafide Prosecution — Criminal proceedings under Sections 442, 323, 504, 506, 427 IPC quashed as the dispute was essentially civil and the FIR was filed with malafide intent to harass the applicants....

The applicants, Raghunath Udelal Mahale and three others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Aurangabad Bench, ...

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Bombay High Court Dismisses Appeals in Property Dispute, Upholds Concurrent Findings on Declaration, Injunction, and Redemption of Mortgage. Court holds that second appeal under Section 100 CPC cannot be entertained on concurrent findings of fact unless substantial question of law arises....

The judgment pertains to two second appeals arising from the same parties and property. Second Appeal No.477 of 2017 was filed by the original plaintiffs (appellants) challenging the concurrent dismis...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Delayed FIR. Conviction under Sections 376, 452, 506 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Vijay Ramrao Mohod, was convicted by the 2nd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.14/2005 for offences under Sections 452, 376, and 506 of the Indian Penal Co...

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Bombay High Court Allows Retired Employees' Writ Petitions for Provident Fund Pensionary Benefits — EPF Scheme 1995. Employer's Default in Contribution Does Not Bar Employees' Entitlement to Pension Under Employees' Pension Scheme, 1995....

The judgment pertains to a batch of writ petitions filed by retired employees seeking pensionary benefits under the Employees' Pension Scheme, 1995. The petitioners, who had retired from service, were...

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Bombay High Court at Goa Allows Writ Petition Challenging Appointment of Administrator to Co-operative Society Without Notice. Appointment of Administrator under Section 77 of the Goa Co-operative Societies Act, 2001 set aside for violation of principles of natural justice....

The petitioners, members of Models Legacy Co-operative Housing Maintenance Society Limited, challenged the appointment of an Administrator by the Assistant Registrar of Co-operative Societies under Se...

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Bombay High Court Allows Petition Challenging Caste Validity Certificate for Muslim-Nhavi OBC Due to Fraud and Suppression of Facts. Scrutiny Committee's Order Quashed as It Failed to Conduct Proper Vigilance Inquiry and Ignored Petitioner's Objections....

The petitioner, Ramakant Shantaram Malpekar, a resident of Rajapur and a voter in Ward No.2 of Rajapur Municipal Council, filed a writ petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881....

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated 21/02/2019 passed by the learned Metropolitan Mag...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966....

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challenging an agreement dated 30 June 2011 executed by the ...