Bombay High Court

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice....

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came up for consideration of admissibility of document...

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Bombay High Court Upholds Prisoner’s Right to Consideration of Remission and Directs Fresh Judicial Appraisal. Denial of Remission Based on Nature of Offence Without Examining Government Circular Exceptions Held Improper....

The matter arose from a criminal writ petition filed by a prisoner seeking remission under a Government Circular dated 3 June 2017, as amended, which provided for three months’ remission to prisoner...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates as Sentence of Imprisonment Cannot Be Executed After Death Under Section 394 CrPC....

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 19...

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Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the appeal by a victim against acquittal is a matter of right and the procedure under Section 384 Cr.P.C. applies, allowing summary dismissal after hearing....

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appli...

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Bombay High Court Sets Aside Decree for Eviction in Rent Control Case Due to Lack of Finding on Exclusive Possession. Appellate Court Failed to Record Essential Ingredient of Subletting Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Warranting Remand....

The writ petition under Article 227 of the Constitution arose from an eviction suit filed by the landlord (respondent) against the defendants (petitioners) under the Bombay Rents, Hotel and Lodging Ho...

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Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court....

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court, Aurangabad Bench, dated 11.02.2008...

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Bombay High Court Dismisses Petition Challenging Up-Sarpanch Election Due to Absence of Notice. Court Holds That Presence and Participation of All Members Cures Any Defect in Notice Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The petitioners, who were members of Gram Panchayat Sukli, challenged the election of respondent no.6 as Up-Sarpanch. The election was held on 23.05.2018, and respondent no.6 was declared elected unop...

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Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Trial Court's Discretion to Add Petitioner as Defendant No.2 Under Order I Rule 10 CPC Upheld to Avoid Multiplicity of Proceedings....

The petitioner, M/s Manidhari Air Products, challenged the order of the Civil Judge, Senior Division, Chandrapur, allowing an application filed by respondent no.1 (Maharashtra State Electricity Distri...

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High Court of Bombay at Goa Allows Petition Challenging Review Order of Appellate Board Under Rent Act — Review Power Not Conferred by Statute. The Appellate Board under Section 41(1) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 has no power to review its own order, and the review order dated 30.09.2017 was set aside....

The case involves a dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (Rent Act). The respondent, Luis Sales de Andrade e Souza, is the landlord of premises originally let o...