Bombay High Court

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Bombay High Court Allows BSNL's Petition Against MSEDCL for Wrongful Tariff Categorization Under Electricity Act, 2003. Telecom Service Provider Cannot Be Classified as 'Commercial' for Electricity Tariff Purposes; MERC Must Determine Correct Category....

The Petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a telecom service provider and a central public sector enterprise, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility....

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small Causes Court at Mumbai in Revision Application No...

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Bombay High Court Allows Amendment of Plaint in Suit for Cancellation of Sale Deed — Pre-trial Amendment Must Be Liberally Allowed to Avoid Multiplicity of Proceedings. Order VI Rule 17 CPC permits amendment at any stage before trial to determine real questions in controversy between parties....

The petitioners, original plaintiffs, filed Special Civil Suit No. 1210/2017 in 2017 seeking cancellation of a Sale Deed dated 13.11.2016 in respect of suit property. Subsequently, they filed an appli...

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Bombay High Court Quashes GST Attachment Order for Violation of Natural Justice — Provisional Attachment Under Section 83 of MGST Act Set Aside as No Prior Notice or Hearing Given...

The petitioner, Prasanna Karunakar Shetty, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order of provisional attachment dated 11 Jan...

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Bombay High Court Dismisses College's Petitions Challenging Reinstatement of Assistant Professors — Termination Without University Approval Under Section 80 of Maharashtra Universities Act, 1994 Held Void. Deemed Confirmation of Probationers Occurs Upon Expiry of Probation Period Without Termination Order....

The case involves four writ petitions arising from a common judgment of the Mumbai University and College Tribunal dated 12 August 2022. The Tribunal had allowed appeals filed by three Assistant Profe...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney....

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Venilal Sevak, filed the suit against the original own...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Injunction Against Obstruction of Possession. The Court held that the first appellate court's concurrent findings of fact regarding possession and title cannot be interfered with under Section 100 of the Code of Civil Procedure, 1908, as no substantial question of law arose....

The case involves a property dispute between the appellants (defendants) and the respondents (plaintiffs) over a shop named 'Sadhana Stores' and adjacent land in Ratnagiri. The plaintiffs filed Regula...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Single Offence Against Individual. Single Incident of Assault on Individual Does Not Constitute Threat to Public Order, Detention Order Set Aside....

The petitioner, Gopal Suresh Malik, challenged an order of preventive detention dated 24th August 2023 passed by the Commissioner of Police, Thane, under Section 3(2) of the Maharashtra Prevention of ...

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Bombay High Court Allows Appeal in Testamentary Suit — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. Propounder discharged burden of proving due execution and attestation of Will despite suspicious circumstances....

The appeal arose from a judgment and decree dated 30th June, 2016 passed by the learned Single Judge of the Bombay High Court in Testamentary Suit No. 36 of 2010, whereby the probate petition filed by...

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Bona Fide Passenger Due to Fall from Train Held Untoward Incident. Fall from a moving train due to sudden jerk constitutes an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, entitling the claimant to compensation under Section 124A....

The appellant, Smt. Kamal Wd/o Tulshidas Wani, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, following the death of her husband, Tulshidas, who died after falling from a m...