Bombay High Court

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature....

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral judgment dated 29th September, 2011 passed by the tr...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness. Acquittal of Veterinary Doctor Upheld as Prosecution Failed to Prove Demand and Acceptance of Bribe Under Prevention of Corruption Act, 1988....

The State of Maharashtra appealed against the judgment dated 31.1.2002 of the Special Judge, Solapur, acquitting the two respondents (original accused) of offences under Sections 7, 13(1)(d) read with...

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Bombay High Court Dismisses Husband's Appeal in Talaq Validity Case. Talaq by Notice Without Prior Reconciliation Efforts Held Invalid Under Muslim Personal Law....

The case involves a Family Court Appeal filed by the husband against the judgment of the Family Court, which declared the Talaq notice issued by him to his wife as null and void. The wife had filed a ...

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Bombay High Court Allows MSRTC Petition in Guarantor Recovery Dispute — Industrial Court Order Set Aside for Lack of Employer-Employee Relationship. Co-guarantor cannot claim protection under MRTU & PULP Act against employer of principal debtor as recovery action is not an unfair labour practice....

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and order dated 05.10.2016 of the Industrial Court, Nagpur, which partly allowed Complaint (ULP) 136/2010 ...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Due to Misapplication of Statutory Presumptions. Failure to Draw Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881 Despite Admission of Signature on Cheque Constitutes Error in Law....

The appellant, Sada Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sachin Patkar, alleging dishonour of a c...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Step-Daughter Not Entitled to Inherit from Step-Mother Under Hindu Succession Act. Section 15(2)(b) of Hindu Succession Act, 1956 restricts inheritance of property inherited by a female Hindu from her husband to heirs of the husband, excluding step-daughters....

The case involves a second appeal before the Bombay High Court arising from a partition suit. The plaintiff, claiming to be a daughter of Gajiram Bhise, sought partition and separate possession of pro...

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Bombay High Court Dismisses State Appeal in Drugs and Cosmetics Act Case Due to Procedural Lapses. Acquittal of partners and manufacturing chemist upheld as prosecution failed to establish manufacturing link and compliance with sampling rules....

The State of Maharashtra appealed against the acquittal of four respondents (Laxmichand Nagaji Jain, Jeetendra Nagaji Jain, Chaburao Sampatrao Nagre, and Sampatrao Narayan Chavan) and the firm M/s Esj...

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Bombay High Court Dismisses Appeal Against Acquittal in Imports and Exports Control Case — Export Obligations Fulfilled Within Extended Time. Failure to Prove Contravention of Licence Conditions Under Section 5 of Imports and Exports (Control) Act, 1947 as Export Obligations Were Completed Within Extended Period....

The Union of India, through the Deputy Chief Controller of Imports and Exports, filed an appeal against the acquittal of Hukmichand Jain and M/s Diarough International (respondents) for an alleged off...

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Bombay High Court Allows Restoration of Eviction Suit Dismissed for Default, Emphasizing Liberal Approach Under Order IX Rule 4 CPC. The Court set aside the Trial Court's orders dismissing the suit for want of prosecution and rejecting the restoration application, finding that the plaintiff's illness constituted sufficient cause for non-appearance....

The case involves a landlord-tenant dispute where the original plaintiff, Smt. Kamla A. Bharwani (since deceased, represented by legal representatives), filed a suit for eviction against the responden...