High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Clarifies Scope of Section 390 CrPC in Appeals Against Acquittal - Accused Not Entitled to Bail as a Matter of Right Upon Issuance of Warrant. The Full Bench overruled earlier Division Bench decisions and held that judicial discretion governs the grant of bail or committal to prison under Section 390 CrPC....

The matter was referred to a Full Bench of the Bombay High Court due to a conflict between two Division Bench decisions and the purport of Section 390 of the Code of Criminal Procedure, 1973. The Divi...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial...

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Court Receiver and a mandatory inj...

© Image Copyrights Juris Services & Technology

Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996....

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respondents) concerning the manufacture and marketing o...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Attachment of Premises Under Customs Act — Licensee Lacks Locus Standi After Expiry of Licence. The court held that an erstwhile licensee whose licence had expired has no subsisting right in the attached property and is not entitled to a hearing before attachment under Section 142 of the Customs Act, 1962....

The petitioners, Aditya Birla Nuvo Ltd. and another, filed a writ petition challenging the attachment of a residential flat by the Customs Authorities under the Customs (Attachment of Property of Defa...

© Image Copyrights Juris Services & Technology

Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 394 and 397 IPC set aside as sole reliance on testimony of complainant without independent corroboration and failure to hold Test Identification Parade rendered identification doubtful....

The case arises from an incident on 21 July 2009 when the complainant, Ashok Kamble, a taxi driver, was returning from Dhule to Jalgaon in his taxi. At Dhule Parola Chaufula, three persons (the appell...

© Image Copyrights Juris Services & Technology

Bombay High Court Acquits Appellant in Abetment of Suicide and Cruelty Case — Allegations of Pre-marital Pregnancy and Venereal Disease Not Proven Beyond Reasonable Doubt. Conviction under Sections 306 and 498-A IPC Set Aside Due to Lack of Evidence of Instigation or Harassment....

The appellant, Pratap s/o Laxman Dhole, was convicted by the Additional Sessions Judge, Nanded, for offences under Sections 306 and 498-A of the Indian Penal Code (IPC) for allegedly abetting the suic...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Application of Mind. Court holds that mere registration of criminal cases without evidence of continuous harmful activity does not justify externment....

The petitioner, Anil Chabildas Choudhary, an active member of the Rashtravadi Congress Party (NCP) in Bhusawal Municipal Council, challenged the externment order dated 05.12.2011 passed by the Sub-Div...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Compliance with Section 59 — Failure to Consider Less Drastic Measures and Provide Opportunity of Hearing. Externment Order Set Aside as Authority Did Not Comply with Mandatory Requirements of Section 59 of Bombay Police Act, 1950....

The petitioner, Ashok @ Aau s/o Pitambar Choudhary, filed a Criminal Writ Petition under Articles 14, 21, 226, and 227 of the Constitution of India challenging the externment order dated 05.12.2011 pa...