Bombay High Court

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver....

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 19th December, 2013,...

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Bombay High Court Quashes Process Against Accused in Cheating Case Due to Civil Nature of Dispute. Dishonour of cheque and failure to pay amount under agreement treated as civil liability, not criminal breach of trust or cheating under Sections 406 and 420 IPC....

The petitioner, Vivek Vishwanath Kenge, was the original accused in a criminal case filed by Vishwam Power & Buildcon Pvt. Ltd. The respondent company alleged that the petitioner had agreed to purchas...

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Bombay High Court Dismisses State Appeal Against Acquittal in Road Accident Case — Prosecution Fails to Prove Negligence Beyond Reasonable Doubt. Truck driver acquitted under Sections 304-A, 337, 338 IPC and Sections 184, 89/112 Motor Vehicles Act, 1988 as evidence did not establish rash or negligent driving....

The State of Maharashtra filed an appeal against the judgment and order dated 22.3.2001 passed by the trial court acquitting the respondent, Pappugulam Mustak Ali Khan, of charges under Sections 304-A...

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Bombay High Court Upholds Acquittal in Murder Case Due to Unreliable Dying Declaration. Dying declaration found suspicious as deceased was under influence of medication and relatives present, not recorded by Magistrate, and not corroborated by other evidence....

The State of Maharashtra appealed against the acquittal of Umesh Digambar Jadhav (respondent-accused) for the murder of his wife Meenakshi by pouring kerosene and setting her on fire on 09/08/1999. Th...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882....

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to the appellant (original defendant) for Rs.2500/- b...

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Bombay High Court Dismisses Petition Challenging Disqualification of Sarpanch for Lack of Toilet Facility — Petitioner Not a Person Aggrieved Under Section 16(2) of Maharashtra Village Panchayats Act, 1958. The court held that a person who is not a voter or qualified to be a member of the Gram Panchayat cannot maintain disqualification proceedings....

The petitioner, Waghji Bhivaji Bhalerao, a resident of Gram Panchayat Khandala, filed a disqualification application under Section 14(1)(j-5) of the Maharashtra Village Panchayats Act, 1958 before the...

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Bombay High Court Dismisses Petition Challenging Disqualification of Market Committee Members for Non-Payment of Dues Under Maharashtra APMC Act. Rule 41(1)(i) and (k) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 applied to disqualify members who failed to pay arrears to the Market Committee....

The petitioners, Shankarrao Gajanan Choudhary and three others, were elected members of the Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Development and Regulatio...