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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit...

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified where there is a patent perversity in the subordi...

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court...

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months, and 14 days and lack of any foreseeable timeline ...

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High Court of Judicature at Bombay Directed Demolition of Unauthorized Construction by Respondent No. 2. Upholding the Rule of Law — Court Ordered Baramati Municipal Council to Act Against Illegal Construction...

Constitution of India, 1950 — Article 226 — Writ Petition Maintainable — Civil Jurisdiction Not Barred — Unauthorized Construction — Demolition Ordered — Implementation of Statutory Notice...

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Acquittal in Corruption Case: Demand and Acceptance of Bratification Not Proven Beyond Reasonable Doubt...

Court Sets Aside Conviction Under Prevention of Corruption Act Due to Lack of Direct Evidence and Defective Sanction Order Demand and Acceptance of Illegal Gratification – The prosecution failed t...

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Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009...

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitrary attempt to reopen settled issues already adjudi...

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Bombay High Court Quashed the Commercial Court’s Order for Failing to Exercise Jurisdiction Under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC)...

The matter was remitted to the Commercial Court for a fresh decision on the appellant’s application seeking judgment on admissions. The High Court held that the impugned order passed by the Commerc...

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet....

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. No criminal offenc...

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Revision Against Auditor’s Re-Audit Report Not Maintainable Under Section 154 of Maharashtra Co-operative Societies Act, 1960. Auditor’s Findings in Re-Audit Report Do Not Constitute a ‘Decision’ or ‘Order’ – Administrative Orders Not Revisable Under Section 154...

MCS Act: Section 81 – Deals with audit, test audit, re-audit, and submission of specific and special reports by auditors. MCS Act: Section 154 – Provides for revision of decisions or orders pas...

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Arbitrator’s Independence and Impartiality – Applicability of Fifth and Seventh Schedules of the Arbitration and Conciliation Act, 1996 – Jurisdiction of the Court under Section 14 of the Act...

The Court held that the Learned Sole Arbitrator did not attract any ineligibility conditions under the Seventh Schedule. The Court emphasized that only current representation or business relationships...

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Bombay High Court Upholds Differential Attempts for OBC and SC/ST Candidates in Civil Services Examination...

Challenge to Civil Services Examination Rules 2024 on Attempts for Persons with Benchmark Disabilities (PwBD) The Bombay High Court dismissed the petition, holding that: The classification between S...