Bombay High Court

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Bombay High Court Dismisses Landlord's Petition in Eviction Suit for Unauthorized Construction — Finds Appellate Court's Reversal Not Perverse. Landlord Failed to Plead Original Condition of Premises Under Section 13(1)(b) of Bombay Rent Act....

The petitioner, Hemant Bharat Kachare, as landlord, filed a writ petition challenging the judgment and decree dated 16 February 1999 passed by the Additional District Judge, Pune, which allowed Civil ...

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Bombay High Court Partly Allows Revision, Reduces Sentence in Unlawful Assembly and Grievous Hurt Case. Constructive Liability Under Section 149 IPC Upheld for Accused Who Joined Armed Assembly Without Active Participation....

The case arises from a criminal revision application filed by five accused challenging their conviction and sentence by the Judicial Magistrate First Class, Shrigonda, in Regular Criminal Case No.237 ...

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High Court of Bombay Dismisses Interim Application for Condonation of Delay in Arbitration Petition — Delay Not Justified. The court found that the unsigned order did not trigger the limitation period for filing a challenge under Section 34 of the Arbitration and Conciliation Act, 1996....

The dispute arose from an Interim Application filed by the Mumbai Metropolitan Region Development Authority seeking condonation of a 14-day delay in filing a Commercial Arbitration Petition under the ...

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Bombay High Court Quashes Show Cause Notice in Customs Act Case Due to Inordinate and Unexplained Delay of 15 Years. Transfer to Call Book Without Intimation Violates Section 28(9) of Customs Act, 1962....

The petitioner, Paresh H. Mehta, a sole proprietor of M/s. P. H. Mehta and Co., challenged a show cause notice dated 16 May 2008 issued under Section 112(a) of the Customs Act, 1962, alleging clandest...

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Bombay High Court Quashes Promotion Order in Family Court Registrar Case — Seniority Subject to Fitness Misinterpreted. Rule 3(a) of the Registrar of the Family Courts (Recruitment) Rules, 1995 mandates promotion based on seniority subject to fitness, not comparative merit; supersession of senior employee without finding of unfitness is illegal....

The petitioner, Smt. Shweta Takalgavankar, a Superintendent at the Family Court, Aurangabad, challenged the promotion of respondent no.5, Smt. Asha Bagul, to the post of Registrar, Family Court, Auran...

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Bombay High Court Dismisses Union of India's Appeal in Motor Accident Claim — Ex-Parte Award Upheld Due to Lack of Sufficient Evidence to Challenge Negligence Finding. Station Diary Entry Held to Have Only Corroborative Value, Not Substantive Evidence, Under Indian Evidence Act, 1872....

The case arises from a motor accident claim filed by Dnyaneshwar Mangesh Bagkar (claimant) against the Union of India (appellant) as owner of the offending vehicle. The claimant alleged that on 24 Feb...

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Bombay High Court Allows Petition of Shikshan Sevak Challenging Termination Without Hearing. Termination order quashed for violation of natural justice and non-compliance with Section 5 of M.E.P.S. Act, 1977; reinstatement with full back wages ordered....

The petitioner, Dinesh Manik Suryavanshi, was appointed as a Shikshan Sevak (a probationary teacher) by the Education Officer of the Brihanmumbai Municipal Corporation (BMC) on 23rd January 2020. Howe...

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High Court Dismisses Appeal in Employees Compensation Case — Compensation Calculated Based on Actual Salary....

The case involved an appeal by Air India Charters Ltd against a decision of the Employees Compensation Commissioner regarding compensation for the dependents of deceased pilot Zlatko Glusica, who died...

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Writ Petition Challenging Review Orders on MVAT Refund Adjustments Quashed by Bombay High Court. Bombay High Court invalidates review orders under Section 15 of the Maharashtra Settlement of Arrears of Taxes Act due to lack of jurisdiction, directing refund of Rs. 2.72 crores with interest....

The Bombay High Court quashed review orders issued under Section 15 of the Maharashtra Settlement of Arrears of Taxes Act, 2022 (Settlement Act). The court held that the review orders adjusting a refu...