Bombay High Court

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Bombay High Court Dismisses Criminal Contempt Petition Against Advocate for Alleged Misconduct in Execution Proceedings — No Prima Facie Case of Contempt Made Out. Court Held That Filing of Applications and Alleged Misstatements by Advocate Did Not Constitute Willful Disobedience or Scandalizing the Court Under the Contempt of Courts Act, 1971....

The present reference was made by Miss Huma A. Ansari, the then 3rd Joint Civil Judge Junior Division and J.M.F.C., Aurangabad (the Presiding Officer), under Section 15(2) of the Contempt of Courts Ac...

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Bombay High Court Quashes Criminal Case in Trademark Dispute Due to Civil Nature of Dispute and Lack of Criminal Intent. Allegations of deceptive similarity in tea packaging held to be primarily a civil trademark infringement matter, not warranting criminal prosecution under Sections 420, 34 IPC and Sections 27, 28, 103, 104 of the Trade Marks Act, 1999....

The Bombay High Court, at its Aurangabad bench, considered a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Criminal Case No. 872/2011 pend...

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Bombay High Court Allows Pension Option to Voluntary Retiree in State Bank of Bikaner & Jaipur Case — Regulation 18 of Pension Regulations Applies for Eligibility, Not Just Calculation. The court held that the bank's communication denying pension eligibility under Regulation 18 was erroneous and directed fresh consideration of the petitioner's pension option....

The petitioner, Vandana w/o Eknath Bhondwe, a retired employee of State Bank of Bikaner & Jaipur (now State Bank of India), filed a writ petition challenging the bank's communication dated 11-8-2016 w...

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High Court of Bombay Allows Writ Petition and Directs Release of Imported Yellow Peas Without Restriction. Holds Notification Imposing Import Restriction Operates Prospectively, Not Affecting Contracts Fully Executed Before Imposition Date....

The petitioner, an importer, entered into two contracts for import of Yellow Peas from Ukraine. The balance 90% payment was made on 23.05.2018 and 04.06.2018; shipments were loaded on 28.04.2018 and 1...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity....

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, cha...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996....

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The appellant, M/s. G...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Valid Despite Lack of Statutory Permission. Court holds that failure to obtain permission under Section 5 of the Koradi Project Act does not render agreement void, and plaintiff's readiness and willingness established....

The case involves two second appeals arising from a common judgment of the appellate court dated 07.01.2005. The suit property, field Gat No.127 admeasuring 1 Hectare 45 R with half share in a well, w...

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Bombay High Court Directs State to Formulate Policy for Proportional Grants to Special School for Mentally Challenged Children Under Persons with Disabilities Act, 1995. Denial of Additional Grants for 170 Students Amounts to Hostile Discrimination, Court Orders Consideration of Representation Within Three Months....

The petitioner, Jeevoday Education Society, runs a special school for mentally challenged children in Nagpur for about 30 years. The school is non-residential and has recognition for admitting 200 stu...

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Bombay High Court Disposes of Batch of Writ Petitions Regarding Encroachments and Treats One as PIL to Monitor Supreme Court Directions. The Court Issued Rule and Heard Matters Finally, but the Complete Order and Findings Were Not Available in the Judgment Excerpt....

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of writ petitions filed by various religious trusts and societies against the State of Maharashtra, Nagpur Municipal Corporation, an...

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Bombay High Court Dismisses Petitions of Temporary Employees Challenging Termination. Court holds that temporary employees have no right to continue beyond contractual period and termination without notice is valid under terms of appointment....

The petitioners, Vishnu Balaji Dhumal and others, were appointed as temporary employees (process servers, peons, etc.) in the Bombay High Court and subordinate courts on a contractual basis for a fixe...