Bombay High Court

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs....

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific performance of an agreement for sale dated 1st August 201...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court....

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dated 21st August 2015. The District Judge had allowe...

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High Court of Bombay at Aurangabad Upholds Termination of University Employee for Unauthorized Absence Due to Detention in Criminal Case. Absence Without Leave Not Excused by Acquittal Under Section 307 IPC....

The petitioner, Ashok Janardhan Shinde, was employed as a Laboratory Boy with Marathwada Krushi Vidyapith (the University) from 22 January 1999. He was arrested and detained for more than 48 hours in ...

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Bombay High Court Allows Furlough to TADA Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Prison Leave. Furlough is a right of a convict and cannot be denied solely on ground of previous late surrender without considering overall conduct and period of incarceration....

The judgment concerns two criminal writ petitions filed by life convicts under the Terrorist and Disruptive Activities (Prevention) Act (TADA) challenging the denial of furlough leave by prison author...

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High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt....

The appellant, Uttam Ramaji Shere, was a public servant working with the Mahatma Fule Backward Development Corporation, Akola. He was convicted by the Special Court, Akola, under Sections 7 and 13(1)(...

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Bombay High Court Quashes Review Order in Zilla Parishad Service Dispute — Review Petition Under Rule 24 Not Maintainable Against Dismissal of Appeal. Rule 24 of Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 permits review only against orders imposing penalties, not against dismissal of appeal challenging promotion....

The petitioner, Ku. Chhaya Purshottam Shedmake, a Junior College Teacher employed with Zilla Parishad, Yavatmal, was promoted to the post of Junior College Teacher by order dated 3-5-2012. Respondent ...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structures in Mohili Village. Petitioners failed to establish legal right to occupy public land and structures were found to be illegal encroachments under the Maharashtra Regional and Town Planning Act, 1966....

The petitioners, 14 individuals occupying shops and structures in Mohili Village, Sakinaka, Mumbai, filed a writ petition challenging the proposed demolition of their premises by the Municipal Corpora...

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Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice...

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene compound and PVC compound, filed a writ petition s...

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Bombay High Court Adjudicates PIL and Writ Petitions on Hoarding Permissions on Airport Land. Petitioners Allege Non-Compliance with MMC Act, 1888 Sections 328 and 328A and CRZ Regulations....

A public interest litigation and two writ petitions were filed before the Bombay High Court challenging the erection of hoardings by an advertising company on land owned by the Airports Authority of I...

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Bombay High Court Dismisses Husband's Appeal in Divorce Case Based on Unproven Allegations of Cruelty. Allegations of mental cruelty by wife not established; husband failed to prove that wife's conduct caused reasonable apprehension of harm....

The appellant-husband, Shashi Satyanand Eppaturi, filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty. The parties were marri...