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Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit...

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside the impugned order, rejecting the application for...

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High Court of Bombay Directed Restoration of Admission of PwD Candidate in MBBS Course by Creating a Supernumerary Seat. A candidate with speech and multiple disabilities held eligible for medical education and PwD reservation despite exceeding the benchmark disability limit....

Constitution of India, 1950 — Article 14 — Article 21 — Article 41 — Right to Equality — Right to Life — Directive Principles of State Policy — Court upheld the right to education and in...

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Conviction Under Indian Penal Code and Protection of Children from Sexual Offences Act Upheld – DNA Evidence Confirmed Biological Parentage...

Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age (a) Consent of Minor Irrelevant Under POCSO Act – Section 6 Automatically A...

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Bombay High Court Quashed Arbitral Tribunal’s Order on Jurisdiction — Distributor Agreement’s Extension and Arbitration Clause Dispute...

Interpretation of Arbitration Agreement’s Validity Post Expiration of the Principal Contract — Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 The Court relied on the principle tha...

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Bombay High Court Issued Writ of Prohibition Against Proceedings by Non-Financial Institution...

Constitution of India, 1950 (COI) – Article 226 and Article 227 – High Court’s writ jurisdiction to issue Writ of Prohibition when there is a clear absence of jurisdiction. Securitization and R...

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Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar...

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court upheld the removal of the Petitioners from the manag...

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Tender Conditions Arbitrary – Bombay High Court Strikes Down Net Worth and Experience Criteria in Nashik Municipal Corporation Tender...

Unreasonable Tender Conditions – High Court Invalidates Nashik Municipal Corporation’s Qualification Requirements for Sweeping and Cleaning Services Constitution of India, 1950 – Article 14: En...

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Withdrawal of Pension—Superannuated Employee—Disciplinary Inquiry—Proportionality of Punishment—Rule 27(1), Maharashtra Civil Services (Pension) Rules, 1982. Departmental Inquiry Continued After Superannuation—Petitioner Found Guilty of Financial Irregularities—Penalty Modified to 50% Pension Withdrawal Permanently—Principles of Natural Justice Followed...

Constitution of India, 1950—Article 226—Judicial Review:—High Court exercised limited jurisdiction to interfere in disciplinary proceedings where penalty imposed was found disproportionate. —C...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013...

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandatory (Para 30–32). Demolition without compensation...

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Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections...

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without Delay Existence of an arbitration agreement is the ...