Bombay High Court

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Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments....

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 of the Indian Penal Code read with Section 135 of t...

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Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Suit for Possession Based on Lease Termination. Concurrent Findings of Fact Upheld as No Substantial Question of Law Under Section 115 CPC Arises....

The judgment pertains to three writ petitions filed by tenants (M/s Spring Fresh Drinks Pvt. Ltd., M/s Raskunj, and M/s Kale Gas Company) against the respondent landlord, Gani Sons Charitable Trust, a...

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Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid....

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by legal representatives) against the defendant-tenant. T...

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Bombay High Court Dismisses Suit for Interest on Frozen Bank Account — No Breach of Contract Found. Bank's Compliance with Customs Department Instructions to Freeze Account and Retain Amount in Suspense Account Without Interest Does Not Constitute Breach of Contract....

The Plaintiff, Veritas Exports, a proprietorship concern, filed a suit against the Defendant, Bank of Baroda, seeking a money decree for interest on a sum of Rs.65,66,200/- that was retained by the ba...

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Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off....

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defendants, who were using similar names such as 'Mezba...

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Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions....

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking termination of the mandate of the sole arbitrator, Dr....

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Bombay High Court Upholds School Tribunal's Order Reinstating Teacher with Back-Wages in MEPS Act Case — Continuous Service as Shikshan Sevak Confers Permanency Despite Annual Termination Letters....

The petitioners, the Chairman of Bhor Education Society and the Head Master of Raja Raghunathrao Vidyalaya, challenged the order of the School Tribunal, Pune, which allowed the appeal of the responden...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Business Transfer Dispute — Upholds Award of Rs. 1.04 Crore with Interest. Court holds that arbitral tribunal's findings on breach of agreement and quantification of damages are not patently illegal and do not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, Dr. Anjana Singh, proprietress of Central Diagnostic, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 8th April 201...

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Bombay High Court Quashes Process Against Accused in Domestic Violence Case Due to Lack of Territorial Jurisdiction. Complaint Filed at Nandurbar While Incident Occurred at Tenbhurne, Buldhana District, Violating Section 177 Cr.P.C....

The petitioners, 13 individuals, were aggrieved by an order dated 17.03.2012 passed by the Judicial Magistrate First Class, Nandurbar, issuing process against them in a complaint filed by respondent N...