Bombay High Court

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated....

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bombay at Goa challenging the order dated 20th August ...

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Bombay High Court Quashes EPF Recovery Orders Against Closed Cooperative Society — No Employees, No Liability Under EPF Act. Ginning Factory Closed Since 2003 with Disconnected Electricity Supply; Impugned Orders for Period After Closure Set Aside....

The petitioner, M/s. Utkarsha Vividha Karyakari Sahakari Society, a cooperative society registered under the Maharashtra Co-operative Societies Act, runs a ginning factory at Karasgaon, Amravati. The ...

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Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous....

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by the respondent, Shree Nav Vinayak Co-operative Ho...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award....

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking continuation and extension of a bank guarantee f...

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Bombay High Court Allows Petition Challenging Invalidation of Dhoba Scheduled Tribe Certificates — Pre-Constitutional Birth Entries of 'Dhoba' Caste Held Sufficient Proof. The Court Quashed the Scrutiny Committee's Order and Directed Issuance of Caste Validity Certificates....

The petitioners, three students, challenged an order dated 18/10/2022 passed by the Scheduled Tribe Caste Scrutiny Committee, Amravati, which invalidated their caste claims to the 'Dhoba' Scheduled Tr...

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Bombay High Court Allows Petition Challenging Removal of Chairman in Co-operative Housing Society Dispute Over Redevelopment. Managing Committee Resolution and Deputy Registrar's Endorsement Set Aside for Violation of Natural Justice and Bye-Laws Under Maharashtra Co-operative Societies Act, 1960....

The case involves a challenge by Madhavi Vilas Gosavi (Petitioner No.2) and another member (Petitioner No.1) against a resolution of the Managing Committee of Padmavati Nagar Co-operative Housing Soci...

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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple....

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral...

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Bombay High Court Allows Revision Against Sessions Court Order in MPID Act Case — BNSS Not Applicable to Proceedings Initiated Under Cr.P.C. The court held that the complaint under Section 156(3) Cr.P.C. is a continuation of the original complaint filed before EOW when Cr.P.C. was in force, and thus BNSS does not apply due to Section 531 BNSS....

The applicants filed a complaint with the Economic Offences Wing (EOW), Nagpur on 21/09/2023 for registration of an offence under Section 3 of the Maharashtra Protection of Interest of Depositors (in ...