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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Valid Despite Lack of Statutory Permission. Court holds that failure to obtain permission under Section 5 of the Koradi Project Act does not render agreement void, and plaintiff's readiness and willingness established....

The case involves two second appeals arising from a common judgment of the appellate court dated 07.01.2005. The suit property, field Gat No.127 admeasuring 1 Hectare 45 R with half share in a well, w...

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Bombay High Court Directs State to Formulate Policy for Proportional Grants to Special School for Mentally Challenged Children Under Persons with Disabilities Act, 1995. Denial of Additional Grants for 170 Students Amounts to Hostile Discrimination, Court Orders Consideration of Representation Within Three Months....

The petitioner, Jeevoday Education Society, runs a special school for mentally challenged children in Nagpur for about 30 years. The school is non-residential and has recognition for admitting 200 stu...

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Bombay High Court Disposes of Batch of Writ Petitions Regarding Encroachments and Treats One as PIL to Monitor Supreme Court Directions. The Court Issued Rule and Heard Matters Finally, but the Complete Order and Findings Were Not Available in the Judgment Excerpt....

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of writ petitions filed by various religious trusts and societies against the State of Maharashtra, Nagpur Municipal Corporation, an...

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Bombay High Court Dismisses Petitions of Temporary Employees Challenging Termination. Court holds that temporary employees have no right to continue beyond contractual period and termination without notice is valid under terms of appointment....

The petitioners, Vishnu Balaji Dhumal and others, were appointed as temporary employees (process servers, peons, etc.) in the Bombay High Court and subordinate courts on a contractual basis for a fixe...

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Bombay High Court Allows Writ Petition Challenging Termination of Lease by BEST Undertaking Without Following Principles of Natural Justice. Lease Termination Quashed for Violation of Natural Justice as No Opportunity of Hearing Was Given....

The petitioner, Fortpoint Automotive Private Limited, was allotted a portion of land at Mahim Bus Depot by the Brihanmumbai Electric Supply & Transport Undertaking (BEST) in 1992 on lease. The petitio...

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Bombay High Court Partly Allows Appellants' Appeal in Motor Accident Claim, Enhancing Compensation for Deceased's Parents. Court Holds That Where Daily Allowance Is Not Included in Income and Salary Is Meager, No Deduction for Personal Expenses Should Be Made While Assessing Dependency Under Motor Vehicles Act, 1988....

The appellants, parents of the deceased, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.2,50,000 for the death of their 22-year-old son in a vehicular accident on...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Prima Facie Case Against Applicants. Court holds that mere issuance of cheque without existing debt or liability does not attract offence under Section 138 of Negotiable Instruments Act, 1881....

The applicants, Sanjay Hapgunde and Pradip Kalyane, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 01974 of 2018 registered at Nand...

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Bombay High Court Sets Aside Acquittal in Rash Driving Case Due to Dereliction of Duty by Prosecution and Magistrate. The court found that the prosecution failed to examine any eye witnesses and the Magistrate did not ensure their presence, leading to a miscarriage of justice....

The State of Maharashtra filed an appeal against the judgment of the Magistrate acquitting the respondent-accused, Majidkhan Miyakhan Pathan, of offences under Sections 279, 337 and 304A of the Indian...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Interim Award on Limitation in Commercial Arbitration. Winding Up Proceedings Constitute Civil Proceedings for Exclusion of Time Under Section 14 of Limitation Act, 1963....

The dispute arose from a purchase order dated 24 June 2013 placed by Tata Consultancy Services Ltd. (petitioner) on Inspira IT Products Pvt. Ltd. (respondent) for supply of IT equipment, with delivery...