Bombay High Court

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Bombay High Court Dismisses State Appeal Against Acquittal in Escape from Custody Case — Custody Held Illegal Under Section 41(2) CrPC. Accused's Apprehension Without Arrest Panchnama and Non-Production of Istegasha Renders Custody Unlawful, Vitiating Section 224 IPC Charge....

The State of Maharashtra appealed against the acquittal of the accused by the learned Assistant Sessions Judge, Pusad, who had set aside the conviction and sentence passed by the Trial Court in Summar...

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Bombay High Court Allows Writ Petition for Compassionate Appointment as Peon in Aided School — Rejection on Ground of Non-Existence of Scheme Set Aside. The Court held that the Maharashtra Civil Services (Compassionate Appointment) Rules, 2023 apply to aided schools and directed consideration of the petitioner's application....

The petitioner, Shri Vinayak Maruti Naik, filed a writ petition before the Bombay High Court at Kolhapur seeking compassionate appointment as a Peon in Respondent No. 7 School, an aided secondary scho...

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High Court of Bombay at Goa Allows Writ Petition Challenging Administrator's Order Under Article 438 of Code of Communidades — Interpretation of 'Consecutive Years' for Dividend Non-Claim Clarified. The court held that the 30-year consecutive period for non-claim of dividends does not require annual dividend declaration; non-declaration does not break continuity....

The petitioner, Comunidade of Nagoa, represented by its Attorney, filed a writ petition challenging the order of the Administrator of Communidades dated 12.11.2009 and the Administrative Tribunal's or...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld....

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the employer) for recovery of provident fund dues under t...

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Bombay High Court Upholds Arrest in MCOCA Case Despite Delay in Production Before Magistrate — Custody Period Calculated from Formal Arrest, Not Initial Apprehension. The court held that the 24-hour period under Article 22(2) of the Constitution and Section 58 of BNSS 2023 runs from the time of formal arrest, not from the initial taking into custody by police....

The petitioner, Vitthal Mahadeo Shelar, was arrested in connection with C.R. No. 2 of 2024 registered at Kothrud Police Station, Pune, for offences under Sections 302, 307 read with 34 IPC, Sections 3...

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Bombay High Court Allows Compensation Enhancement in Land Acquisition Case — Appellants Entitled to Higher Market Value for Agricultural Land Acquired for Metro Centre. Court Relies on Comparable Sale Deeds and Previous Awards to Determine Fair Compensation Under Section 23 of the Land Acquisition Act, 1894....

The appellants, original claimants, were owners of agricultural land in Karanjade, Taluka Panvel, District Raigad, which was acquired by the State of Maharashtra for the purpose of Metro Centre No.3, ...

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High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award....

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly Hasina Resorts). In 1999, petitioner entered into ...