Bombay High Court

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Bombay High Court Hears Second Appeal and Cross Objection in Partition Suit Concerning Joint Ownership, Benami Transaction, and Bona Fide Purchase. Substantial Questions of Law Framed on Benami Transaction, Wife's Half Share Entitlement, Self-Acquired Property Finding, and Mesne Profits Without Prayer Under Benami Transactions (Prohibition) Act, 1988....

The matter pertained to a second appeal and cross objection arising from a suit for partition and separate possession. The appellant, original defendant No.5, challenged the judgment and decree dated ...

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Bombay High Court Allows Defendants' Challenge to Conditional Leave to Defend in Summary Suit — Imposition of Deposit Condition Without Considering Defendants' Financial Capacity and Triable Issues Held Unsustainable. The Court set aside the condition of deposit of Rs.15,00,000/- and granted unconditional leave to defend under Order XXXVII Rule 3(5) CPC....

The petitioners, defendants in a summary suit filed by the respondent for recovery of Rs.25,40,001/-, challenged the Trial Court's order dated 01/04/2022 granting conditional leave to defend with a de...

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Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal of Director and Company for Non-Compliance with Section 138 Requirements. The court held that the trial court erred in acquitting the director without deciding the company's liability and misdirected itself on the issue of statutory notice....

The appellant, S. Selvakumari Perulmal, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Kaushal Realtors Pvt. Ltd. (Respondent No.1) and its Director, Rajendra M. R...

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Bombay High Court Allows Writ Petition, Directs University to Issue Mark-Sheet and Declare Petitioner Passed in B.Sc. (IT) Course. University Estopped from Challenging Admission Eligibility After Student Completed Course....

The Petitioner, Poonam Rampal Verma, filed a Writ Petition under Article 226 of the Constitution of India seeking a direction to Respondent No.1-Mumbai University to issue her mark-sheet for the VI Se...

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Bombay High Court Allows Second Application for Handwriting Expert in NI Act Case Due to Change in Circumstances. Rejection of First Application as Premature Does Not Bar Subsequent Application After Cross-Examination Under Section 138 of Negotiable Instruments Act, 1881....

The petitioner, Sagar Venkatesh Diwan, challenged two orders passed by the Judicial Magistrate, First Class, Nandurbar, in S.T.C.C. No. 528 of 2013, a proceeding under Section 138 of the Negotiable In...

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Bombay High Court at Goa Dismisses PIL Seeking Ban on Sale of Liquor at Petrol Pumps in Public Interest Litigation — No Statutory Prohibition Found Under Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution) Order, 1998 or Goa Excise Duty Act, 1964....

The Bombay High Court at Goa dismissed a Public Interest Litigation (PIL) filed by a social activist seeking a ban on the sale of liquor at petrol pumps in Goa. The petitioner argued that the sale of ...

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Bombay High Court Quashes Minister's Order in Land Area Correction Dispute — Remands for Fresh Consideration Due to Violation of Natural Justice. Petitioner's challenge to area correction based on 2018 report succeeds as Minister failed to consider 2010 report and denied opportunity to cross-examine....

The petitioner, Rolland Stanislaus Britto, filed a writ petition challenging an order dated 21 June 2021 passed by the Minister-Revenue, Maharashtra, which allowed a revision filed by Respondent No.6 ...

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Bombay High Court Allows Revision and Discharges Mother and Sister in Abetment of Suicide Case — No Prima Facie Case Under Section 306 IPC or Atrocities Act. Vague allegations of harassment and caste-based insults without specific instigation or active role in suicide do not warrant trial....

The case arises from a criminal revision application filed by Mangal Kashinath Dabhade (mother) and Trupti Kashinath Dabhade (sister) of the main accused, Amol Dabhade. The victim, who was in a love r...

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Bombay High Court Allows Trust's Petition for Sale of Property Under Section 36(1) of Maharashtra Public Trusts Act, 1950 — Remand for Fresh Consideration. The court directed the Joint Charity Commissioner to consider the application on merits, including necessity and benefit of sale, and not to reject solely on the ground that the property is a source of income....

The petitioner, Shree Brahmanath Devasthan Unchagaon, a public charitable trust registered under the Maharashtra Public Trusts Act, 1950, sought permission under Section 36(1) of the Act to sell Gat N...

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Bombay High Court Quashes Disqualification of L-1 Bidder in Water Tanker Supply Tender — Arbitrary Action by Tender Inviting Authority Set Aside. Court holds that disqualification of the lowest bidder without prior notice or opportunity of hearing violates principles of natural justice and is unsustainable under Article 226 of the Constitution of India....

The petitioner, M/s H.P. Ghumare, a contractor engaged in water supply through tankers since 2021, participated in an e-tender notice dated 13 July 2023 issued by the District Collector, Beed, for sup...