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High Court of Karnataka Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Construction Agreement Breach Does Not Attract Criminal Liability Under Sections 406, 420 IPC When Dispute is Purely Contractual....

The petitioners, a housing development company and its directors, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of PCR No.24421/2011 pending before the IV...

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Bombay High Court Dismisses Writ Petition Challenging Trial Court's Refusal to Reopen Evidence in Civil Suit — No Error in Discretion Exercised Under Order 18 Rule 17 CPC....

The petitioners, defendants in a civil suit, challenged the order of the trial court dated 28.2.2014 rejecting their application under Order 18 Rule 17 of the Code of Civil Procedure, 1908. The suit w...

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Bombay High Court Quashes Appointment of Nominated Councillor in Municipal Council for Violation of Section 9(1) of Maharashtra Municipal Council Nagar Panchyat and Industrial Township Act, 1965 — Appointment Made Without Following Procedure of Nominating Persons Having Special Knowledge or Experience in Municipal Administration....

The petitioner, Sharanbasappa Rachappa Khambad, filed a writ petition under Article 226 of the Constitution of India challenging the appointment of the sixth respondent as a nominated councillor of th...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Landlady's Bonafide Need Under Section 13(1)(g) of Bombay Rent Act. Landlady's Requirement for Starting Business for Herself and Husband Held Genuine and Reasonable....

The present writ petition was filed by the tenant, Natwarlal Dahyabhai Shah (since deceased through L.Rs.), challenging the orders of the courts below which granted a decree for eviction and possessio...

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High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents....

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The central legal issue requiring determination was wh...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment....

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking arrest of the bunkers and freight to secure its cla...

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Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss....

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,28,72,520 after the vessel grounded near the jetty...

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Bombay High Court Upholds Conviction for Kidnapping Under Section 363 IPC in Child Abduction Case. Court Confirms that Taking a Minor Without Consent of Guardian Constitutes Kidnapping, Rejecting Defense of Consent by Child's Mother....

The appellant, Salman Sufiyan Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.138 of 2011 for an offence under Section 363 of the India...

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Bombay High Court Directs MCGM to Consider Repair Application Despite Alleged Violations by Other Occupants. Corporation Cannot Reject Application for Tenantable Repairs Based on Unauthorized Constructions by Other Flat Owners....

The petitioners, Oscar Builders Private Limited and its Chairman, filed a writ petition challenging an order dated 19.03.2014 by which the Municipal Corporation of Greater Mumbai (MCGM) refused to con...