Bombay High Court

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Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence....

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Magistrate, First Class, Amravati, granting interim c...

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Bombay High Court Allows Petitions Challenging Externment Orders for Lack of Material and Non-Compliance with Natural Justice. Orders under Section 56 of the Maharashtra Police Act, 1951 quashed as subjective satisfaction of authority was not based on credible material and procedural safeguards were violated....

The Bombay High Court at Nagpur Bench heard a batch of criminal writ petitions challenging externment orders passed under Section 56 of the Maharashtra Police Act, 1951. The petitioners, including Pap...

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Bombay High Court Allows Modification of Bail Conditions for Accused to Attend Brother's Wedding. Court Extends Time from Half Hour to Three Hours for Nuptials and Religious Ceremonies, Subject to Police Escort....

The petitioner, Cyrone Fernandes, was an accused in a criminal case and was in judicial custody. He filed a petition seeking modification of an order dated 16.12.2016 passed by the learned Children's ...

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Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid....

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen assessments...

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SECOND APPEAL NO. 148 OF 2016...

The dispute centered on rights to perform pooja and collect offerings at Goddess Shree Rupa Bhavani Temple in Solapur, registered as a public trust. The original plaintiffs (Patanges) filed a civil su...

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Bombay High Court Allows PIL Seeking Directions to Motor Accidents Claims Tribunals for Compliance with Procedural Rules. Court Holds That Insistence on Personal Appearance of Claimants at Filing Is Not Mandatory Under Rule 254(2) of Maharashtra Motor Vehicles Rules, 1989....

This Public Interest Litigation was filed by Anil Prabhakar Tadkalkar, a practicing advocate, raising several issues concerning the disposal of claim petitions under the Motor Vehicles Act, 1988 by Mo...

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Bombay High Court Upholds Conviction of Accused for Murder of Brother Based on Dying Declaration and Eyewitness Testimony. Acquittal of Co-Accused Wife for Lack of Common Intention Under Section 34 IPC Upheld....

The case involves two appeals arising from the same trial court judgment. Criminal Appeal No.877 of 2008 was filed by the original accused Suresh Shripal Chougule challenging his conviction under Sect...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected....

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian company. The contract involved supply of non-coking co...