Bombay High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

Bombay High Court

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Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008....

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the owner of 1,00,000 equity shares of Bombay Oxygen Cor...

High Court

Bombay High Court Allows Husband's Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause....

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Ac...

High Court

Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision....

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appoints the Court Receiver as a Receiver for executio...

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Property Possession Dispute — Concurrent Findings of Failure to Prove Part Performance Under Section 53A of Transfer of Property Act, 1882 Upheld. Possession Based on Court Orders, Not Agreement to Sell, and Lack of Readiness and Willingness to Pay Balance Consideration Defeats Claim of Part Performance....

The case involves a second appeal by the original defendant, Ajabrao Marotrao Radake, against the concurrent decisions of the trial court and the lower appellate court. The plaintiffs, Bhalchandra Vit...

High Court

Bombay High Court Allows Appeal in Succession Dispute Over Bank Deposits — Nomination Does Not Confer Ownership, Successors Entitled to Equal Shares Only After Determination in Inventory Proceedings. The court held that the amount standing in the name of the deceased mother could be withdrawn by her successors only after the shares are determined in Inventory Proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012....

The case involves a dispute among the children of late Smt. Chameli Yadav regarding the distribution of amounts lying in her savings account and two fixed deposits with Punjab National Bank. The appel...

High Court

High Court of Bombay at Goa Allows Review Petition in Income Tax Matter Following Supreme Court Remand — Review Maintainable Under Section 260A(7) of Income Tax Act, 1961. The Supreme Court set aside earlier orders and remanded the matter for deciding the review petition on merits, holding that review is available against orders under Section 260A....

The Commissioner of Income Tax filed a review application (Civil Application (Review) No.8 of 2011) against an order passed in Tax Appeal No. 16 of 2007, along with a connected review application (Civ...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Service of notice by Under Postal Certificate (UPC) instead of registered post with acknowledgement due does not meet the requirement of Section 138 of the Negotiable Instruments Act, 1881, leading to quashing of FIR....

The applicants, Suhas @ Pappu s/o Sarjerao Kakade and Sachin s/o Vithalrao Dagdu, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, A...

High Court

Bombay High Court Allows Father's Petition for Daughter's Re-Admission in Unaided Minority School - School's Removal of Student for Absence and Fee Default Held Unjustified Without Prior Notice and Opportunity of Hearing. Removal from Rolls Amounts to Expulsion Under Section 17 of Right of Children to Free and Compulsory Education Act, 2009, Violating Principles of Natural Justice....

The petitioner, Dr. Vikas Motewar, father and natural guardian of Ms. Durva Motewar, filed a writ petition before the Bombay High Court seeking directions against the respondents, including the State ...

High Court

Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion....

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedies (I) Pvt Ltd, seeking an interim injunction to re...

High Court

Bombay High Court Dismisses State Appeal in Motor Accident Claim — Negligence of Milk Tanker Driver Established by Minor Son's Testimony. Court upholds award of Rs.1,65,000 to widow and children of deceased Kailashchandra under Motor Vehicles Act, 1988....

The State of Maharashtra and other appellants appealed against the judgment and award dated 5 August 1995 of the Motor Accidents Claim Tribunal (MACT), Nashik, in Motor Accident Claim Petition No.371 ...

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Bombay High Court

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision....

Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion....

Bombay High Court Dismisses State Appeal in Motor Accident Claim — Negligence of Milk Tanker Driver Established by Minor Son's Testimony. Court upholds award of Rs.1,65,000 to widow and children of deceased Kailashchandra under Motor Vehicles Act, 1988....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...