Bombay High Court

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Bombay High Court Considers Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986. Reference to Larger Bench Addresses Meaning of 'Aghadi' and 'Original Political Party' Post-Elections....

The writ petition arose from the disqualification of five councillors of Navapur Municipal Council under the Maharashtra Local Authority Members' Disqualification Act, 1986. The petitioners were elect...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Failure to Prove Presence at Scene and Improper Reliance on Section 106 Evidence Act. Conviction under Section 302 IPC Set Aside as Prosecution Did Not Establish Chain of Circumstances Beyond Reasonable Doubt....

The appellant, Pradeep Chakaladhar, was convicted by the Sessions Judge, Wardha on 19.09.2013 in Sessions Trial No.6/2012 for the murder of Rajlaxmi, who was residing with him as his wife, by throttli...

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Bombay High Court Dismisses Contempt Notices Against Defendant in Patent Infringement Suit — No Willful Disobedience Found. Court holds that breach of an order must be willful and deliberate to constitute contempt under Order 39 Rule 2A CPC, and mere technical or inadvertent violations do not attract punishment....

The Plaintiff, CTR Manufacturing Industries Ltd., filed a patent infringement suit against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. and others, alleging infringement of its patent...

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High Court of Judicature at Bombay Considers Winding Up Petition Based on Alleged Debt Arising Out of F&O Trades; Respondent Disputes Liability and Raises Counter-Claim for Damages...

This company petition sought winding up of Prime Broking Company (India) Ltd under the Companies Act, 1956 on the ground of inability to pay debts. The petitioner, National Securities Clearing Corpora...

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Bombay High Court Quashes FIR in Cheque Dishonour Case for Lack of Territorial Jurisdiction. Court holds that the offence under Section 138 of the Negotiable Instruments Act, 1881 is committed at the place where the cheque is presented and dishonoured, not where the cheque is drawn or the notice is served....

The petitioner, Jagdish Khodke, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of Criminal Case No. 1593 of 2015 pending before the Judicial Magistrate ...

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Bombay High Court Directs Plaintiff to Bear Costs of Discharge and Storage of Arrested Cargo in Admiralty Suit. The court held that a party who secures an order of arrest of cargo cannot insist that the shipowner bear the costs of discharging and storing the cargo, as the shipowner is not a party to the arrest and the cargo is in custodia legis....

The case involves a Notice of Motion filed by the owner of the vessel m.v. Ocean 39 (the ship interests) seeking directions against the plaintiff, Cupid Shipping Pte Ltd., to offload cargo that was ar...

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Bombay High Court Dismisses Petition Challenging Bidder Qualification in Tender Process — Debarment by One State Does Not Automatically Disqualify in Another State's Tender Without Specific Clause in Tender Document....

The Petitioner, Smart Chip Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the decision of Respondent Nos.1 and 2 (State of Maharashtra and Commissioner of ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Declares Sale Deeds Void. Co-owner's right to seek possession against trespasser without filing partition suit upheld under Section 100 CPC....

The case involves a property dispute where the appellant, Mahadeo Madhaoji Shitaye, filed a suit (Regular Civil Suit No. 140 of 1990) seeking declaration that certain sale deeds executed by defendant ...