Bombay High Court

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High Court Partly Allows Writ Petition Seeking Quashing of FIR under Section 482 CrPC; Quashes Offence Under Section 354-A IPC but Upholds Sections 323, 353, 354 IPC. Court Finds Allegations of Assault to Deter Public Servant and Outraging Modesty Prima Facie Made Out, but No Unwelcome Sexual Overtures Under Section 354-A IPC....

The petitioner, an agriculturist, filed a criminal writ petition before the Bombay High Court invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 to quash FIR No.0...

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Bombay High Court Allows Writ Petition by Original Defendants in Civil Suit Over Counter Claim Registration Under Order VIII Rule 6A CPC. Court Holds No Prior Permission Is Required to Register Counter Claim as It Is in Nature of Plaint and Must Be Registered upon Filing; Aggrieved Plaintiff May Seek Rejection Under Order VII Rule 11 or Order VIII Rule 6C CPC....

The dispute arose from a civil suit, R.C.S. No. 655 of 2023, filed by respondent no.1 (plaintiff) before the trial court seeking declaration and injunction in respect of certain properties. The petiti...

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High Court of Judicature at Bombay Admitted Second Appeal in Ancestral Property Partition Dispute. The appeal challenged concurrent findings of lower courts that the respondent-plaintiff retained a share in the suit properties, while the appellant-defendant claimed exclusive rights based on an oral relinquishment and a later relinquishment deed by the mother....

The dispute concerned partition of ancestral property. The appellant, S., and the respondent, A., are siblings, children of late Shankar Joshi. The suit properties are land bearing Gat No.27 admeasuri...

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Bombay High Court Hears Section 9 Arbitration Petitions in Redevelopment Dispute Between Co-operative Housing Society and Developer. Interim Relief Sought for Declaration of Termination and Stay of Termination Notice....

The present matters comprised two cross arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 before the Bombay High Court, Ordinary Original Civil Jurisdiction. Th...

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Bombay High Court Upholds Dismissal of Garnishee Application in Execution; Appellant Cannot Demand Trial After Waiving Evidence. Court Holds Party Bound by Concession That No Evidence Required Under Order XXI Rule 46 CPC and Section 58 Evidence Act....

The dispute arose from execution proceedings following a summary suit decree dated 20 August 2014 for Rs.3,76,85,654 with interest at 18% per annum in favour of the appellant, a Belgian partnership fi...

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High Court of Judicature at Bombay Dismisses Appeal by Appellants in Property Possession Dispute Upholding Eviction Order. Appellate Bench Upholds Single Judge's Order Directing Eviction of Occupants from Two Rooms, Citing Undue Delay and Abuse of Process Under Code of Civil Procedure, 1908....

The dispute arose from a suit filed by respondent no.1 before the Bombay High Court challenging a conveyance and seeking appointment of a court receiver over the suit property. The appellants, includi...

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Bombay High Court Dismisses Appeal Against Transfer of Winding-Up Proceedings to NCLT; Financial Creditor's Revival Plea Allowed. Section 434(1)(c) of Companies Act, 2013 Transfer Upheld as Winding-Up Had Not Reached Irreversible Stage Despite Sale of Certain Assets by Secured Creditors Outside Winding-Up....

The appeal before the Bombay High Court arose from an order of a learned Single Judge allowing a company application to transfer a pending company petition for winding up to the National Company Law T...

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High Court of Judicature at Bombay Hears Writ Petition Challenging Deficient Stamp Duty Demand Under Maharashtra Stamp Act, 1958. The writ petition questions whether earlier agreements, being deemed conveyances, entitled the petitioner to set-off under Section 4 for a later Conveyance Deed....

The writ petition under Articles 226 and 227 of the Constitution of India challenged the orders dated 19 July 2014 by the Collector of Stamps and 16 March 2015 by the Deputy Inspector General of Regis...

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Bombay High Court Considers Writ Petition Challenging Refusal of Stamp Duty Refund Under Maharashtra Stamp Act, 1958. Petitioner sought refund of stamp duty paid on cancelled Development Agreement, arguing no legal possession transferred and refund application fell under Section 47; authority rejected on ground not covered by proviso to Section 48(1)....

The petitioner, a partnership firm, entered into a Development Agreement dated 15 April 2013 with the owners of property for development of approximately 8000 sq. mtrs. of land in Pune. The agreement ...