Bombay High Court

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Bombay High Court Dismisses Petition Challenging Execution of Maintenance Order, Upholds Family Court's Refusal to Dismiss Execution as Time-Barred. Execution of maintenance order under Section 24 of Hindu Marriage Act, 1955 is not governed by Article 136 of Limitation Act, 1963; application for execution filed within 12 years from date of decree is within limitation....

The petitioner, Parag Subhash Parelkar, and respondent No.2, N. Geetanjali Parag Parelkar, were legally wedded husband and wife. Due to marital discord, the wife filed a marriage petition for dissolut...

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Bombay High Court Pronounces on MSEDCL's Challenge to Order Permitting Single Point Supply to Condominium Under Section 127 Electricity Act. Appellate Authority Allowed Developer to Supply Electricity to Unit Holders through HT Connection Without Individual Connections....

The dispute pertains to the legality of single point electricity supply to a condominium complex known as Great Eastern Plaza in Pune. The petitioner, Maharashtra State Electricity Distribution Compan...

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Bombay High Court Quashes Disqualification of Director in Cooperative Society Case — Loan Default Not Proven as Wilful Default Under MCS Act. Disqualification under Sections 73(CA)(1)(i) and 78(A)(1)(b) of Maharashtra Co-operative Societies Act, 1960 set aside as petitioner had cleared arrears and no notice or opportunity was given before disqualification....

The petitioner, Umesh Mukundrao Apte, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order dated 16 February 2017 passed by the Regional Joint Dire...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'....

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 1996. The suit was registered as Special Civil Suit N...

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Bombay High Court Upholds Fee Regulation Act in Challenge by Parents' Association — School Fee Fixation Must Comply with Statutory Framework Under Maharashtra Educational Institutions (Regulation of Fees) Act, 2013. The court held that the Act and Rules are constitutionally valid and directed the Fee Regulatory Committee to reconsider the fee structure....

The petitioners, Khed Taluka Vidyarthi Palak Sangh (a society registered under the Maharashtra Societies Registration Act, 1860) and Kiran Kamlakar Khude, filed a writ petition under Article 226 of th...

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Bombay High Court Allows Lavasa Corporation's Second Appeals Against RERA Orders, Holding That RERA Has No Jurisdiction Over Complaints Filed Before Its Establishment. The Court ruled that the Real Estate Regulatory Authority cannot entertain complaints regarding agreements executed prior to the commencement of the Real Estate (Regulation and Development) Act, 2016....

The judgment involves three second appeals filed by Lavasa Corporation Limited against orders of the Real Estate Regulatory Authority (RERA) and the Appellate Tribunal. The appellant, a real estate de...

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Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside....

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a guarantor. The respondent no.2, Pradeep Subhashchand...

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Bombay High Court Quashes Criminal Case Against Manufacturer in Fertilizer Quality Dispute Due to Invalid Appointment of Complainant as Inspector. Appointment of Inspector Under Clause 27 of Fertilizer (Control) Order, 1985 Must Be Notified by Central Government, Not State Government, Rendering Complaint Not Maintainable....

The petitioners, M/s. Adinath Agro Industries and its manager Ishan Jain, were accused nos. 4 and 5 in Regular Criminal Case No. 34 of 2017 pending before the Judicial Magistrate First Class, Raver, D...

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Bombay High Court Upholds Life Sentence for Father Who Murdered His 1.5-Year-Old Son by Drowning in Well — Circumstantial Evidence Sufficient to Prove Guilt Under Section 302 IPC. The appellant's motive, last seen with the deceased, and failure to explain the death established the chain of circumstances leading to conviction....

The appellant, Bharat Laxman Bidwe, was convicted by the Sessions Judge, Jalna, for the murder of his 1.5-year-old son Ishwar under Section 302 IPC and sentenced to life imprisonment. The prosecution ...

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Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice....

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th June 2017 passed by the District Judge-5, Jalgaon, in...