Bombay High Court

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide....

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator to adjudic...

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Bombay High Court Dismisses Review Petition in Land Acquisition Compensation Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the face of the record, not re-agitating merits....

The case pertains to a review petition filed by M/s National Textile Corporation Ltd. and another (the original respondents) seeking review of a judgment dated 18th December 2017 passed by the Bombay ...

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Bombay High Court Allows Writ Petition for Appointment as Handicapped Teacher Under Persons with Disabilities Act, 1995 — Petitioner Denied Appointment Despite Being Selected and Having Disability Certificate. Court Holds That Selection Cannot Be Denied on Ground of Disability When Candidate Possesses Valid Certificate and Meets Eligibility Criteria....

The petitioner, Gajanan Vishwanath Nawalkar, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking appointment as a teacher in a residential school for dumb and deaf children r...

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High Court of Bombay at Nagpur Bench Upholds Conviction of Appellant Under Section 304 Part I IPC for Culpable Homicide Not Amounting to Murder. Appellant convicted for causing death by knife injury, also convicted under Section 324 IPC for causing hurt by dangerous weapon....

The appellant, Shaikh Harun s/o Shaikh Hasan, along with his two brothers Shaikh Hussain and Shaikh Rafiq, were charged for offences punishable under Section 302 read with Section 34 and Section 307 r...

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High Court Acquits Husband in Murder Case; Dying Declarations Found Untrustworthy. Conviction Under IPC Sections 302, 498A, 504 Set Aside as Oral and Written Declarations Suffered from Infirmities and Contradictions....

The appeal arose from a conviction recorded by the Additional Sessions Judge, Achalpur in Sessions Trial No. 72/2015, where the appellant-husband was found guilty of murder, cruelty, and intentional i...

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Bombay High Court Upholds Collector's Power to Determine Pre-Election Disqualification Under Section 16 of Maharashtra Village Panchayats Act — Disqualification of Underage Sarpanch Upheld...

The case involves a writ petition filed by Sau. Jaya Santosh Arbat, who was elected as Sarpanch of Gat Gram Panchayat, Devarda, but was disqualified by the Additional Collector on the ground that she ...

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Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction....

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 passed by the Adhoc District Judge, FTC, Panaji. The ...

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High Court of Bombay at Goa Dismisses Petition Challenging Revisional Order in Kiosk Dispute — Licensee vs. Occupier Under Section 257 of Goa Municipalities Act, 1968. The Court held that the Chief Officer's order for eviction was quasi-judicial and the Revisional Authority had jurisdiction to set it aside on merits....

The petitioner, Shri Noordin Shamshuddin Ramjee, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 02/05/2014 passed by the respondent No.3 (Min...

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High Court of Bombay at Goa Dismisses Writ Petition for Eviction on Grounds of Personal Occupation. Legal heirs of the deceased landlord could not claim eviction based solely on the deceased's application without proving their own bonafide need....

The dispute arose from a writ petition filed by the legal heirs of a deceased landlord seeking eviction of tenants from a property in Mapusa, Goa, based on the ground of personal occupation. The origi...

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Bombay High Court at Goa Dismisses PIL Challenging Tree Felling Permission for Mopa Airport Project. Appellate Authority's Order Under Goa, Daman and Diu Preservation of Trees Act, 1984 Upheld as Reasoned and Not Suffering from Non-Application of Mind....

The petitioner, Federation of Rainbow Warriors, a society registered under the Societies Registration Act, 1860, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the ...