Bombay High Court

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Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963....

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree against the judgment debtors, Shri Govind Devidin G...

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Bombay High Court Upholds Removal of Sarpanch in Corruption Case. Registration of FIR and arrest under Prevention of Corruption Act constitutes disgraceful conduct under Section 39(1) of Maharashtra Village Panchayats Act, 1959, justifying removal without awaiting conviction....

The petitioner, Dr. Narendra Purushottam Ingole, was elected as a Member of Gram Panchayat Wadki in June 2015 and subsequently elected as Sarpanch. A complaint was lodged against him with the Anti-Cor...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings....

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for recovery of Rs.38,89,674.14 from M/s. Bhushan Steel L...

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Bombay High Court Dismisses Petition Seeking Release of Land from Acquisition Under National Highways Act Due to Delay and Laches. Petitioners Failed to Challenge Section 3D Declaration for 12 Years, Allowing Land to Vest in Union of India....

The petitioners, owners of agricultural lands in Kanhan, Nagpur, filed a writ petition under Article 226 of the Constitution seeking release of their lands from acquisition proceedings initiated under...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Cruelty and Abetment. Conviction under Sections 498A and 306 IPC Set Aside as Prosecution Failed to Prove Demand for Dowry or Instigation to Commit Suicide....

The appellant, Vaman Madhukar Sonavale, was convicted by the trial court for offences under Sections 498A and 306 of the Indian Penal Code for allegedly subjecting his wife Sunita to cruelty and abett...

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Bombay High Court Allows Petitioner in Mining Dispute — Quashes Forest Officer's Stop Order for Lack of Jurisdiction. License Under Maharashtra Minerals Rules Valid for Transport of Bauxite from Non-Forest Land, No Prior Approval Under Forest (Conservation) Act Required....

The petitioner, Dharti Industries Pvt. Ltd., a company engaged in mining and processing of minerals, challenged a communication dated 19.12.2017 issued by the Forest Officer, Warul (Respondent No.4), ...

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Bombay High Court Dismisses Third Party Challenge to Lok Adalat Award in Partition Suit — No Right to Challenge Without Being Party to Compromise. Petitioners, who were not parties to the compromise in Regular Civil Suit No.730/2017, cannot challenge the Lok Adalat award under Article 226 of the Constitution of India....

The petitioners, Kusumbai (widow of Ramesh Palve) and her two daughters Swati and Mangal, filed a writ petition challenging a Lok Adalat award dated 08.07.2017 passed in Regular Civil Suit No.730/2017...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case. Compensation of Rs. 79,000 with 9% Interest Upheld as Rash and Negligent Driving Established....

The case arises from two first appeals filed by United India Insurance Co. Ltd. against the judgment and order dated 5th April 2003 passed by the Motor Accident Claims Tribunal, Dhule, in Motor Accide...

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Bombay High Court Considers Challenge to Revision Order in FCCB Capital Gains Case; Cost of Acquisition Dispute Between FCCB Scheme and Section 49(2A) of Income-tax Act Examined. Revenue Relied on Section 49(2A) While Petitioner Invoked Clause 7(4) of the 1993 Scheme....

The writ petition under Article 226 was filed before the Bombay High Court challenging an order dated 29 March 2018 passed by the Commissioner of Income Tax (International Taxation) under section 264 ...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Ramesh Jayashram Pardeshi, was convicted by the Additional Sessions Judge, Pune, for the offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC) and sentenced to rigor...