Bombay High Court

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License....

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for eviction against her elder sister Vasanthi Shridhar Ban...

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Bombay High Court Dismisses Petition Challenging Appellate Arbitral Award in Stock Broker Dispute — Upholds Finding That Trades Were Authorized by Client. Court holds that under Section 34 of the Arbitration and Conciliation Act, 1996, the arbitral award is not patently illegal or perverse and does not warrant interference....

The petitioner, Vinod Kumar Sharma, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 18th January 2017 passed by the Appellate Panel...

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Bombay High Court Quashes MCGM Demand Notice for Unauthorised Construction Penalty Due to Lack of Jurisdiction. Section 53(1) of MMC Act, 1888 does not empower the Corporation to levy penalty for unauthorised construction after the fact; remedy lies in demolition under Section 351 or regularisation under DCR....

The petitioner, Zenith Tins Private Limited, a company engaged in manufacturing, challenged a demand notice dated 20th January 2015 issued by the Municipal Corporation of Greater Mumbai (MCGM) under S...

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Bombay High Court Upholds Injunction Against Alienation of Suit Property in Title Dispute — Petitioners Restrained from Transferring Property Pending Suit. Court Confirms That Prima Facie Case and Balance of Convenience Favored Plaintiffs Who Claimed Possession and Ownership Through Long-Standing Mutation Entries....

The petitioners, original defendants, challenged an order of injunction passed by the learned Joint Civil Judge, Junior Division, Yeola on 15th March 2013 in Regular Civil Suit No.352 of 2012, which r...

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Bombay High Court Allows Appeal in Railway Accident Claim — Victim Held to be Bona Fide Passenger Despite Lost Ticket. Court sets aside Railway Claims Tribunal's finding that absence of ticket proves non-bona fide passenger, relying on Section 124-A of the Railways Act, 1989 and principle of strict liability....

The case arises from a railway accident on 25.08.2013, where the victim, Gopal Waman Chandekar, fell from the Sewagram Express while boarding at Nagpur station, sustaining severe leg injuries. He was ...

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Bombay High Court Upholds Class-IV Employees’ Right to Promotion Based on Statutory Recruitment Rules, Strikes Down Government Resolution Requiring Graduation. Recruitment Rules Framed Under Zilla Parishads Act Cannot Be Overridden by Executive Resolution; SSC with Three Years Service Remains Valid Eligibility....

These writ petitions arose from a dispute over promotions of Class-IV employees (peons) to Class-III posts (Junior Assistant) in Zilla Parishads. The statutory Maharashtra Zilla Parishads District Ser...

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Bombay High Court Dismisses Petitions Challenging Award of Pharmacy Contract to Private Entity — Upholds Government's Right to Outsource Services in Public Interest. The court held that no person has a vested right to a government contract and that the decision to outsource was a policy choice not subject to judicial interference under Article 226....

The judgment concerns two writ petitions filed before the Bombay High Court at Goa challenging the decision of the State of Goa and the Dean of Goa Medical College to award a contract for running a ph...

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Bombay High Court Larger Bench Examines Nature of Parole and Validity of Proviso to Rule 19(2) of Prisons (Bombay Furlough and Parole) Rules, 1959. Challenge to Proviso Restricting Parole to Once a Year Based on Articles 14 and 21 Referred to Larger Bench After Earlier Division Bench Upheld Validity in Gajanan Babulal Bathulwar v. State of Maharashtra....

The petitioner, a life convict undergoing sentence for offences under the Indian Penal Code, filed a writ petition challenging the rejection of his parole application and the constitutional validity o...

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Bombay High Court Allows Petition Declaring Abatement of ULC Proceedings and Non-Vesting of Land Under Repeal Act. Landowner's Surplus Land Declaration Under Sections 8(4), 9, and 10 of Urban Land (Ceiling and Regulation) Act, 1976 Held to Have Abated as Physical Possession Not Taken Before Repeal Act Came Into Force....

The petitioner, Smt. Tarabai Tulshiram Meshram, filed a writ petition seeking a declaration that all proceedings under Sections 9 and 10 of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) ...