Bombay High Court

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Bombay High Court Dismisses Criminal Writ Petition Challenging FIR for Offences Under BNS 2023 Relating to Derogatory WhatsApp Messages and Flag Burning Video. Court Holds Prima Facie Case Exists Under Sections 152, 196, 197, 352 and 353 of Bharatiya Nyay Sanhita, 2023, and Quashing Not Permissible at Investigation Stage....

The matter arose from a criminal writ petition filed before the High Court of Judicature at Bombay under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedur...

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Bombay High Court Allows Complainant's Writ Petition in Cheque Dishonour Case Concerning Service of Statutory Notice. Notice sent by registered post to drawer's Aadhar card address and returned with remark 'left address' held sufficient compliance with Section 138(b) of Negotiable Instruments Act, 1881 under presumption of Section 27 General Clauses Act, 1897....

The dispute arose from a criminal complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging dishonour of a cheque. The complainant sent a statutory demand n...

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High Court of Judicature at Bombay Rejects Petitioners' Choice of Forum in Section 29-A Extension and Section 9 Petitions Under Arbitration and Conciliation Act, 1996 Due to Prior District Court Consent. District Court Consent for Two Extensions Under Section 29-A Reaffirmed Original Seat at Karjat/Thane, Rendering Section 42 Bar to High Court Jurisdiction....

The dispute arose from two agreements between the petitioners, who were landowners, and the respondents, who were purchasers, relating to land at Karjat, District Raigad. The first agreement dated Mar...

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Bombay High Court Dismisses Judgment-Debtors' Writ Petition in Execution of Perpetual Injunction Decree — Holds Order XXI Rule 32(5) CPC Permits Recovery of Possession for Breach of Decree. Court Rules That Judgment-Debtors Who Forcibly Entered Suit House Despite Decree of Perpetual Injunction Cannot Retain Possession and Decree Holder Need Not File Separate Suit....

The dispute concerned execution of a decree for perpetual injunction in respect of Grampanchayat House No.841 (old G.P. House No.993), admeasuring 30 ft. x 25 ft., situated at Jafrabad, Jalna. The res...

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Bombay High Court Partly Allows Defendant's Writ Petition in Stamp Act Matter — Unstamped Agreement Cannot Ground Possession Injunction. Court Holds Under Section 35 of Indian Stamp Act, 1899 That an Insufficiently Stamped Agreement to Sell Cannot Be Acted Upon Even for Collateral Purpose Absent Impounding and Modified Injunction to Restrain Alienation Only....

Background: The writ petition arose from a challenge to concurrent orders granting temporary injunction in Special Civil Suit No.93 of 2022. The petitioner was the original defendant, and the responde...

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High Court of Bombay at Goa Hears Writ Petitions Challenging Denial of Form C Declarations for Concessional High Speed Diesel under Central Sales Tax Act after GST Introduction. Petitioners Seek Restoration of Dealer Status and Refund of CST Paid on Inter-State Purchases....

The two writ petitions before the High Court of Bombay at Goa arose from the introduction of the Goods and Services Tax Act, 2017, which replaced the Goa Value Added Tax Act, 2005 and the Central Sale...

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Bombay High Court Considers Promoter's Writ Petition Challenging Deemed Conveyance under Maharashtra Ownership Flats Act. Dispute Involves Whether Deemed Conveyance Can Be Granted for Entire Plot During Ongoing Phase-Wise Development Under Section 11(3) of MOFA....

The dispute arose from a writ petition filed by a promoter/developer challenging an order of the District Deputy Registrar, Pune that granted deemed conveyance to a housing society under Section 11(3)...

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Bombay High Court Reviews Ministerial Order Setting Aside Land Record Rectification in Consolidation Dispute. Writ petition challenged quashing of order passed under Section 31A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 and remand for fresh enquiry, despite civil court decrees and delay in filing ministerial appeal....

The writ petition under Articles 226 and 227 of the Constitution of India challenged the order dated 09.09.2019 passed by the learned Minister, Revenue and Forest Department, which quashed the order d...

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Bombay High Court Hears Challenge to State Information Commission Order Recommending Disciplinary Inquiry Against Education Officer Under RTI Act. The Court Considered Whether the SIC Order Violated Natural Justice and Misinterpreted Section 20(2) of the Right to Information Act, 2005 in Relation to Information Disclosure Proceedings....

The matter pertained to a writ petition filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging an order passed by the State Information Commission recommending disciplinary inq...