Bombay High Court

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Dispute Over Non-Compete Clause Post-Termination. Validity of Restraint Clauses Beyond Termination Under Arbitration and Contract Law...

The Bombay High Court addressed a dispute between Indus Power Tech Inc. (Appellant) and Echjay Industries Pvt. Ltd. (Respondent) over a non-compete clause within a Master Supply Agreement (MSA). The C...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC....

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-year lease in 1927. In 1967, a sub-lease was grant...

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Bombay High Court Quashes Tender Award in Municipal Solid Waste Contract Due to Invalid Experience Certificate and Post-Bid Clarifications. Respondent No.4's Technical Bid Declared Responsive Based on Chartered Accountant's Certificate and Post-Bid Clarifications, Violating Tender Conditions Requiring Certification by Awarding Authority....

The petitioners, R and B Infra Project Limited and its authorized signatory, challenged the decision of the Mira Bhaindar Municipal Corporation (MBMC) declaring respondent No.4 eligible to participate...

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Bombay High Court Quashes VAT Assessment Order for FY 2013-14 Against Luxembourg-Based Companies Due to Gross Violation of Natural Justice and Backdating of Order. Assessment order found to be pre-dated and based on no notice or hearing, rendering it null and void....

The petitioners, comprising two Luxembourg-based companies (Petitioners 1 and 2) and their Indian group company (Petitioner 3), challenged an assessment order dated 14 March 2022 passed by the Deputy ...

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Bombay High Court Allows Writ Petition of Retired Zilla Parishad Employees Challenging Recovery of Excess Pay. Recovery Orders Quashed as Employees Did Not Play Fraud and Undertakings Were Coercively Extracted at Retirement....

The petitioners were retired employees of the Zilla Parishad, Nashik, who had superannuated between 2018 and 2023. They had been paid revised pay scales based on acquiring MS-CIT certificates, but lat...

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Bombay High Court Grants Bail to Accused in Murder Case Due to Violation of Speedy Trial Right Despite Prima Facie Role in Assault with Axe. Right to Speedy Trial Under Article 21 of the Constitution Prevails Over Merits Where Trial Has Not Progressed Beyond Charge Framing for Over Three Years....

The applicant, Chandrakant Masanna Gaikwad, was arrested on 13th June 2021 in connection with C.R. No.275 of 2021 registered at Akkalkot North Police Station, Solapur, for offences under Sections 302,...

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Bombay High Court Grants Bail to POCSO Accused on Ground of Long Incarceration and Violation of Right to Speedy Trial Under Article 21. Applicant incarcerated for 3 years 10 months with only one witness examined; court held that right to speedy trial under Article 21 is violated and granted bail with stringent conditions....

The applicant, Digambar Uddhav Supekar, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection with C.R. No.963 of 2020 registered at ...

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Bombay High Court Holds That Jurisdiction for Section 34 Challenge to MSMED Act Award Is Governed by Section 18(4) of MSMED Act, Not by Exclusive Jurisdiction Clause in Agreement. The non obstante provision in Section 18(4) overrides the arbitration agreement, and the Section 34 petition must be filed at the place where the supplier is located....

The case involves a reference to a Larger Bench of the Bombay High Court to resolve a conflict between two Single Judge decisions regarding the jurisdiction for filing a petition under Section 34 of t...

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage....

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original defendant-petitioner, Harilal Anurup Awadhia (since ...

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Bombay High Court Directs Cantonment Board and PCMC to Act Against Unauthorised Conversion of Basement Godowns into Bar and Restaurant. Statutory Authorities Cannot Plead Helplessness in Enforcing Law Against Admitted Illegalities....

The Petitioner, a retired Colonel, filed complaints in 2016 to the Cantonment Board, Dehu Road, and the Pimpri Chinchwad Municipal Corporation (PCMC) alleging that Respondents No. 9 to 12 had illegall...