Bombay High Court

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Court Dismisses Petitions Challenging Demolition Notices for Illegal Constructions in Eco-Sensitive Zones. Court finds no merit in claims for regularisation of illegal structures in violation of planning laws....

The judgment addressed petitions challenging demolition notices issued by the Pune Municipal Corporation (PMC) against illegal constructions in a green belt zone along the river Mutha. The petitioners...

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Bombay High Court Allows Appeal in POCSO Case — Conviction for Rape Reduced to Attempt to Rape Due to Absence of Penetration. Medical evidence of intact hymen and no injury, coupled with victim's testimony not alleging penetration, led to alteration of conviction from Section 376 IPC and Section 6 POCSO to Section 376/511 IPC and Section 8 POCSO....

The case involves an appeal against the conviction of the accused for the rape of a 10-year-old victim under Section 376(2)(f)(i) IPC and aggravated penetrative sexual assault under Section 6 of the P...

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Bombay High Court Quashes FIR in Commercial Dispute Over Soyabean Supply — No Cheating Intent Established. Contractual Breach Without Deceitful Intention from Inception Does Not Attract Section 420 IPC....

The applicants, a partnership firm named Sagacious Impex, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 272/2023 registered at Police Station G...

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Bombay High Court Dismisses Appeals Against Setting Aside of Arbitral Award for Specific Performance of Unregistered Draft Supplemental Agreement. Court Holds That a Draft Agreement with Blank Material Terms Cannot Be Enforced as a Contract, and the Arbitrator's Findings Were Patently Illegal and Manifestly Arbitrary....

The case involves two Commercial Appeals (90 of 2020 and 91 of 2020) arising from an Arbitral Award dated 14th February 2017, which was set aside by a Learned Single Judge of the Bombay High Court on ...

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High Court Upholds Bail Order for Juvenile in Fatal Accident Case While Criticizing Enforcement Agencies for Public Pressure Influence. Bail Granted Under Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015 with Conditions Including Study of Traffic Rules and Counseling, Despite Allegations of Rash Driving Under Influence....

The judgment arose from a writ petition concerning a juvenile, referred to as Master X or CCL (child in conflict with law), involved in a fatal accident in Pune on 19.05.2024, where two young individu...

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Court Sets Aside Order Allowing Witness Recall, Emphasizes Expeditious Resolution of 38-Year-Old Suit. Plaintiffs successfully challenge Small Causes Court decision, highlighting undue delays and insufficient justification for recalling Defendant's witness....

The petition challenges an order by the Small Causes Court in Mumbai that allowed the Defendant's witness (DW1) to be recalled for re-examination, clarification, and explanation. The Plaintiffs argue ...

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Bombay High Court Dismisses Petition Challenging Transfer of Deputed Officer from NDRF Academy to Battalion. Transfer of Deputy Commandant on Deputation from CRPF to NDRF Academy Upheld as Administrative Necessity for Field Exposure....

The petitioner, a Deputy Commandant in CRPF, was deputed to NDRF Academy at Nagpur as an Instructor in radiological, biological, and chemical emergencies. He was later transferred by the NDRF to a bat...

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High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger and Untoward Incident Established. Fall from Train Due to Jerks Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989; Railway's Suicide Defence Fails for Non-Production of Loco Pilot Book....

The appeal arises from a claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, filed by the legal representatives of Mohd. Osman, who died after sustaining injuries from a ...

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Delhi High Court Allows Arbitration Against Guarantors Despite Moratorium Under Section 96 of IBC — Moratorium Does Not Extend to Co-Guarantors Not Covered by NCLT Orders. The court held that the moratorium under Section 96 is debt-centric and personal to the debtor, and does not bar proceedings against other co-guarantors....

The petitioner, a finance company, granted channel finance facility to Sterling Motor Company (SMC), a proprietorship of Tarun Kapoor. Tarun Kapoor, Pavan Kapoor, B.L. Passi, and Rameshwar Sweets and ...

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Bombay High Court Upholds Entertainment Duty on Award Function with Intermittent Performances. Sponsorship Amount for Invitee-Only Event Constitutes Payment for Admission Under Maharashtra Entertainments Duty Act....

The petitioner, a company incorporated under Section 25 of the Companies Act, 1956, organized the 'APSARA' award function on 21st January 2006 at Jamshedji Bhabha Auditorium to felicitate achievements...