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Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45....

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking specific performance of a development agreement for...

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  • 214
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Bombay High Court Acquits All Appellants in Rioting and Murder Case Due to Unreliable Identification and Lack of Independent Witnesses. Conviction under Sections 147, 148, 302/149 IPC set aside as prosecution failed to prove identity of accused beyond reasonable doubt....

The case arises from an incident on 25th April 1991 at about 7:00 p.m. in village Jalgaon-Supe, Taluka Baramati, District Pune, where a group of 30-40 persons allegedly formed an unlawful assembly, ar...

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  • 128
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Bombay High Court Dismisses Challenge to Land Acquisition Notification for Pune Ring Road Project — Public Purpose and Compliance with Section 4 of Land Acquisition Act, 1894 Upheld. Petitioners Failed to Show Any Violation of Statutory Provisions or Fundamental Rights....

The judgment concerns two writ petitions filed by Shankar Dabhade and others, and Raghunath Sudam Dabhade and others, challenging a notification dated 27th May 2013 issued under Section 4 of the Land ...

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Bombay High Court Upholds Conviction for Outraging Modesty of Minor Girl in School Premises — Sentence Reduced to Period Already Undergone. The court held that catching the hand of a 12-year-old girl student and dragging her inside the school constitutes outraging modesty under Section 354 IPC and wrongful restraint under Section 341 IPC, and the conviction was sustainable based on credible testimony and medical evidence....

The appellant, Ahmedali Khan, was convicted by the Adhoc Additional Sessions Judge, Nanded in Sessions Case No.40/2002 for offences under Sections 341 and 354 of the Indian Penal Code, 1860. He was se...

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Bombay High Court Quashes Termination of Probationary Employees for Violation of Natural Justice. Termination of Assistant Professor and Assistant Manager Without Show Cause Notice Held Illegal Under Principles of Audi Alteram Partem....

The petitioners, Ananta Vishwanath Dhotre and Nitin Wamanrao Shinde, were appointed as Assistant Professor and Assistant Manager respectively at the College of Dairy Technology, Warood, under the Maha...

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  • 140
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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitnesses were interested and their evidence was inconsistent with medical and other evidence....

The case pertains to the murder of Dnyandeo Thakare, who was allegedly assaulted by two accused, Laxman Bhatkar and Devidas Wankhede, on 6th April 2009. The prosecution case was based on the testimony...

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  • 109
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Bombay High Court Partially Allows Petition Challenging Industrial Court's Order of Reinstatement with Full Back Wages in BIR Act Case. Employer's Jurisdiction for Misconduct Outside Premises Upheld, but Industrial Court's Power to Re-appreciate Evidence in Appeal Under Section 84 of Bombay Industrial Relations Act, 1946 is Affirmed....

The Petitioner, M/s. William Industries Pvt. Ltd., challenged an order of the Industrial Court at Mumbai which partly allowed the appeal of the first Respondent, Anil Shantaram Shinde, under Section 8...

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  • 170
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Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion....

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging that the defendants' use of the expression 'SUNCONT...

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  • 199
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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity....

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.10.2015 passed by the Commissioner of Police, Mumba...

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Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Matter — Upholds Arbitral Award for Unpaid Invoices. Findings of Fact by Arbitrator on Delivery of Goods Are Final and Not Open to Reappreciation Under Section 34 of the Arbitration and Conciliation Act, 1996....

The appellant, Royal Palms (India) Private Limited, was a company engaged in a development project at Marol Maroshi, Borivali, Mumbai. The respondent, Neeta Jignesh Parikh, carrying on business as M/s...

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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...

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