Bombay High Court

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Hindu Joint Family Was Not in Existence. Kabuliyat Executed in 1955 and Subsequent Conduct of Parties Established Separation, Barring Claim for Share in Suit Property....

The dispute pertains to a suit for partition and separate possession of a house property situated in Wardha. The plaintiffs claimed that the suit property was ancestral Hindu joint family property and...

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Bombay High Court Allows Second Appeal in Will Dispute, Restores Trial Court's Finding of Valid Will. Exclusion of Son from Inheritance Not Suspicious Where Testator Had Self-Acquired Property and Beneficiary Explained Circumstances....

The case involves a dispute over the validity of a Will executed by late Govindrao Ganpatrao Chimurkar, who died on 29.11.2002. The suit properties were two houses bearing Municipal Corporation Nos. 2...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower....

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, on 18.09.2008, granting the defendant the right to...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business....

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had set aside the Trial Court's judgment on the groun...

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Bombay High Court Dismisses Writ Petition Challenging Termination of E-Ticketing Contract, Directs Parties to Arbitration. Contractual disputes involving disputed questions of fact are not amenable to writ jurisdiction under Article 226 of the Constitution of India when an arbitration clause exists....

The Petitioner, a Private Limited Company, challenged the termination notice dated 13.06.2024 issued by the Respondent No.2 – Aurangabad Smart City Development Corporation Limited (ASCDCL) terminati...

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High Court Allows Appeal in ESI Coverage Dispute — Perverse Finding on Employee Count Quashed. Determination of ESI contributions set aside as court finds no evidence that two professionals were employees, thus establishment not liable for coverage under ESI Act prior to February 1986....

The appellant-establishment, engaged in manufacturing packing boxes and plywood reels, challenged an order under Section 45-A of the Employees' State Insurance Act, 1948 (ESI Act) determining ESI cont...

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Bombay High Court Dismisses Petition Seeking Quashing of FIR in NDPS Act Case — Ignorance of Gazette Notification Not a Defence. Export of Controlled Substance Without NOC from Narcotics Commissioner Constitutes Prima Facie Offence Under Sections 9A, 25A, 29, 59 of NDPS Act....

The applicant, a director of Vivalavita Pharmaceuticals Pvt. Ltd., sought quashing of FIR No. 48 of 2019 registered by the Anti Drug Department, Azad Maidan Unit, Crime Branch, Mumbai for offences und...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Certificate — Pre-Constitutional Records of 'Dhor Koli' and 'Tokre Koli' Held Synonymous Under Presidential Order Entry 28, Committee's Order Quashed....

The petitioner challenged the order of the Scheduled Tribe Certificate Scrutiny Committee (respondent no. 2) which refused to validate her 'Tokre Koli' Scheduled Tribe certificate and directed its con...