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Bombay High Court Hears Interim Application and Notices of Motion in Suit Regarding Status Quo and Injunction in Real Estate Development Dispute. Court Considers Confirmation of Ad-Interim Orders Restraining Further Alienation and Construction, and Vacation Thereof, in Dispute Over TDR and Building No. 4....

The judgment under consideration pertains to interim applications and notices of motion in a suit before the Bombay High Court. The plaintiff, a co-operative housing society, sought confirmation of ad...

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Bombay High Court Allows Librarian's Petition Against Premature Superannuation at 58 Years. Librarian Held to Be a 'Teacher' Under Maharashtra Public Universities Act, 2016, Entitled to Retirement Age of 60 Years Extendable to 62 Years....

The petitioner, Sudhakar Govind Shelar, was appointed as an Assistant Librarian at respondent no.5-Ayurved Mahavidyalaya on 04.01.1992 and later promoted to Librarian. On 03.05.2021, he received a com...

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  • 92
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Bombay High Court Quashes Preventive Detention Order for Non-Supply of Documents and Non-Application of Mind. Detenu's Right to Make Representation Under Article 22(5) Violated as Detaining Authority Failed to Supply Bail Order and Witness Statements, Rendering Detention Under Section 3(2) of Gujarat Prevention of Anti-Social Activities Act, 1985 Invalid....

The petitioner, Divyaniben Ajaykumar Patel, wife of the detenu Ajay Bhula Patel @ Ajay Ghodo, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court (Bench a...

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  • 58
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High Court of Judicature at Bombay Reviews Writ Petition by Tenant Challenging Eviction Decree Under Bombay Rent Act; Dispute Involves Alleged Encroachment, Nuisance, and Non-User in Koregaon Park Property. Petition Challenges Concurrent Findings of Small Causes Court and District Court Directing Handover of Vacant Possession of Bungalow 'Gardenia' on Grounds Under Sections 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(k) of Bombay Rent Act, 1947....

This writ petition arose from a landlord-tenant dispute concerning a bungalow known as 'Gardenia' at House No. 108, Koregaon Park, Pune. The petitioner was M/s. Impex (India) Limited, the original def...

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  • 110
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Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Case. ITSC's order under Section 245D(4) of Income Tax Act, 1961 upheld as valid and not perverse....

The Commissioner of Income Tax, Central – II, Mumbai, filed a writ petition challenging an order dated 31st July 2013 passed by the Income Tax Settlement Commission (ITSC) under Section 245D(4) of t...

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  • 113
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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment....

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the Insolvency and Bankruptcy Board of India (IBBI). ...

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  • 153
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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident....

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the Motor Vehicles Act, 1988, challenging the order of ...

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  • 75
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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention set aside as the Detaining Authority failed to consider that the petitioner was already in judicial custody and no credible material showed likelihood of release on bail....

The petitioner, Daksh Juber Ghelani, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pi...

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  • 57
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Bombay High Court Sets Aside Conviction in Robbery Case Due to Non-Compliance with Section 313 CrPC — Failure to Put Incriminating Evidence to Accused Renders Trial Unfair. The appellate court's conversion of acquittal into conviction was quashed as the accused were not given an opportunity to explain the evidence under Section 313 of the Code of Criminal Procedure, 1973....

The applicants, originally accused Nos. 1 to 4, were tried by the Court of JMFC, Cantonment Court, Pune for offences punishable under Sections 392, 394 read with Section 34 of the Indian Penal Code, 1...

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Bombay High Court Allows Writ Petition of Assistant Teacher Challenging Discontinuation of Salary by Education Officer. Appointment Approved on Non-Aided Basis Prior to School Receiving Grant-in-Aid Cannot Be Retrospectively Invalidated for Lack of D.Ed. Qualification....

The petitioner, Sayas s/o Nagnath Surnar, was appointed as an Assistant Teacher by Respondent No. 3 Management on 11.06.2011 and posted at Respondent No. 4 School. He possessed HSC and D.Ed. qualifica...

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Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...

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