Bombay High Court

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable....

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable Instruments Act, 1881 (NI Act). The provision sta...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007....

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribu...

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Bombay High Court Allows Writ Petition Quashing Royalty and Penalty Imposed on IKEA for Earth Excavated During Store Development. Earth Excavated and Utilised for Backfilling, Levelling, and Internal Roads on the Same Plot Is Exempt from Royalty Under Section 48(7) of Maharashtra Land Revenue Code, 1966, Read with Rule 46 of the Extraction Rules, 2013....

The Bombay High Court allowed a writ petition filed by IKEA India Private Limited and its authorised officer, challenging the demand for royalty and penalty totalling Rs.5,77,96,336 by the State of Ma...

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data....

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issued by the State Bank of India (SBI) and KFin Techn...

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Bombay High Court Upholds Discharge of Guarantors in Cooperative Bank Recovery Proceedings Under Indian Contract Act and Maharashtra Co-operative Societies Act. Extension of Loan Repayment Period Without Surety's Consent Constituted Novation Discharging Guarantors Under Section 135, Indian Contract Act, 1872....

The High Court of Judicature at Bombay, Aurangabad Bench, dealt with two connected writ petitions arising out of recovery proceedings under the Maharashtra Co-operative Societies Act, 1960. Deogiri Na...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Compliance with Order 41 Rule 27 CPC and Lack of Evidence of Readiness and Willingness. Plaintiff failed to prove continuous readiness and willingness to perform contract for sale of land, and additional evidence sought was not allowed as it was not shown to be beyond appellant's control....

The appeal arises from a suit for specific performance of an agreement to sell dated 15.05.1978 executed by the respondent-defendant in favor of the appellant-plaintiff for a piece of land in Kolhapur...

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Bombay High Court Dismisses Challenge to UGC Distance Learning Regulations, Upholds Accreditation and Prior Conventional Mode Requirements. Skill University's Plea for Exemption Directed to Be Considered by UGC....

The Bombay High Court dismissed a writ petition challenging the constitutional validity of certain provisions of the University Grants Commission (Open and Distance Learning Programmes and Online Prog...

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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017....

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusal of the GST authorities to grant a refund of Inte...