Bombay High Court

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High Court of Judicature at Bombay, Nagpur Bench Considered Writ Petitions Challenging Trial Court's Rejection of Withdrawal of Insurance Policy Amounts in Succession Dispute. Section 39(7) of Insurance Act, 1938 and Applicability of Hindu Succession Act, 1956 to Nominees' Claims Were Examined....

The writ petitions arose from Special Civil Suit No. 2 of 2022 filed by the widow and son of deceased Pravin Maloo seeking partition of suit properties, including maturity amounts of life insurance po...

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Bombay High Court Dismisses Second Appeal in Hindu Joint Family Property Dispute Due to Absence of Substantial Question of Law. Court Affirmed Concurrent Findings That Karta's Sale of Ancestral Property Without Legal Necessity Was Not Binding and Suit Was Within Limitation Under Article 59 of Limitation Act, 1963....

This second appeal arose from a dispute over ancestral property in Pune, where the original plaintiffs (Respondent Nos.1 to 6) and the original defendant no.2 were members of a Hindu joint family clai...

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Bombay High Court Considers Whether Allottee's Withdrawal Right Under RERA Section 18 Is Unqualified After Possession with OC Was Offered; Questions If Such Possession Must Be Litigation-Free Under Section 19(10)...

The dispute arose under the Real Estate (Regulation and Development) Act, 2016 between a common developer and four sets of allottees for flats in project Aaryavarta at Mahale Farm, Off Mumbai-Agra Roa...

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Bombay High Court Allows Criminal Revision in Income Tax Prosecution and Quashes Sessions Court Order Adding Partners as Accused Without Sanction Under Section 279 of Income Tax Act, 1961. Section 319 CrPC Application Fails as Prior Order Treating Partners as Representatives Was Final and Partnership Facts Were Already Known to Income Tax Department....

The matter arose from three criminal revision applications before the Bombay High Court challenging an order of the Sessions Court dated 18 November 2011. The common order disposed of all applications...

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High Court of Bombay Upholds Municipal Commissioner's Duty to Act Against Illegal Occupation in Redevelopment Building; Directs Departmental Action Against Officers. Occupation Without Certificate Under Section 353A of Mumbai Municipal Corporation Act, 1949 Held Gross Illegality, and Municipal Officers Found Derelict in Duty....

The High Court of Bombay, in a batch of writ petitions, addressed serious illegalities concerning a skeleton structure of ten floors in Dadar, Mumbai. The building, under redevelopment, had twelve gro...

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Bombay High Court Allows Writ Petitioners in MHADA Seniority Dispute — Revision of Seniority List and Promotion Order Quashed for Violating Actual Appointment Rule. Employer's Own Seniority Regulations 1987 Prevail over General Maharashtra Civil Services Rules 1982 Under Rule 2, and Promotion Based on Revised Seniority List Violating Regulation 3 Is Invalid....

The writ petition arose from a service dispute concerning seniority and promotion within the Maharashtra Housing and Area Development Authority (MHADA). The petitioners, employed as clerks after selec...

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Bombay High Court Dismisses Review Petition in Insolvency Matter Against Consent Order. Review of Consent Order Not Maintainable When Grounds Are Mere Rehash and No Error Apparent on Face of Record; Party Having Acted Upon Consent Order Cannot Seek Review Under Insolvency and Bankruptcy Code, 2016 and Banking Regulation Act, 1949....

The matter before the Bombay High Court was a review petition filed by the promoter and guarantor of M/s. Perfect Infraengineers Ltd. seeking review and recall of a consent judgment dated 1 October 20...

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Bombay High Court Upholds Husband's Divorce Counterclaim in Hindu Marriage Act Case Despite Wife's Restitution Petition. Family Court's Decree Granting Divorce Under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955 Affirmed as Wife Failed to Prove Withdrawal Without Reasonable Excuse and Husband's Cruelty Evidence Remained Unrebutted....

The appeal arose from a matrimonial dispute between a wife and husband, challenging a Family Court order that dismissed the wife's petition for restitution of conjugal rights and allowed the husband's...

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Bombay High Court Sets Aside Revisional Remand Order in Defamation and Criminal Intimidation Complaint. The Court Held That Allegations of Impotency Made in Matrimonial Proceedings Fall Within Exception to Section 499 of Indian Penal Code and That Revisional Court Erred in Remanding Without Recording Findings or Admitting Unraised Ground....

The dispute arose from a private complaint filed by respondent no.1 against his wife and her family members (petitioners) alleging offences punishable under Sections 500, 506 read with Section 34 of t...