Bombay High Court

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Bombay High Court Acquits Convict in Rape Case Due to Inordinate Delay and Lack of Medical Evidence. Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt....

The appellant, Bhaulal S/o Dokraji Reswal, was convicted under Section 376 of the Indian Penal Code (IPC) by the II Additional Adhoc Sessions Judge, Aurangabad, in Sessions Case No.103 of 2001, for al...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that no substantial question of law arose for consideration as the findings of fact by the lower appellate court were based on appreciation of evidence and not perverse....

The present second appeal arises from a suit for declaration and injunction filed by the appellants (original plaintiffs) claiming ownership and exclusive possession of a property in Old Goa. The appe...

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Bombay High Court Dismisses Writ Petition Challenging TAC Report on Building's Structural Stability — Expert Technical Opinion Not Amenable to Judicial Review on Merits. Writ Court Cannot Substitute Its Own View on Technical Matters; TAC Guidelines from MCGM v State of Maharashtra Followed....

The petitioners, six tenants of a chawl in Bhiwandi, filed a writ petition under Article 226 of the Constitution of India challenging the report of the Technical Advisory Committee (TAC) constituted b...

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Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence....

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their revision against the issuance of process by the Ch...

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Bombay High Court Allows Petition of Medical Student in NEET PG Seat Allotment Dispute Due to Technical Glitch in Fee Payment. Court Directs College to Confirm Seat in Special Stray Vacancy Round for MD Radio Diagnostics Upon Payment of Balance Fees....

The petitioner, Rahul Surender Sharma, a medical student who completed MBBS and cleared NEET PG, was allotted a seat for MD Radio Diagnostics at Dr. D. Y. Patil Medical College, Pune in the special st...

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Bombay High Court Allows Refund of GST Amount Deposited Under Protest During Investigation, Quashes Summons Issued to Managing Director. Petitioner Company entitled to refund of Rs. 2.5 crore deposited under coercion during investigation under Section 70 of the Central Goods and Services Tax Act, 2017, as no show cause notice or adjudication order was passed....

The petitioner, Innovators Facade Systems Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a refund of Rs. 2,50,00,000 deposited under protest during a GST investigat...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds First Appellate Court's Declaration of Unlawful Possession and Order for Vacant Possession. The Court held that the plaintiff failed to prove tenancy rights and that the defendant's title by sale deed from mortgagee was valid, rejecting the plaintiff's claim of adverse possession....

The case involves a property dispute over City Survey No. 2463 at Wai, Satara. The plaintiff, Ramesh Anandrao Shirke (since deceased, represented by legal heirs), claimed tenancy rights through his gr...

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Bombay High Court Dismisses Appeal of Accused in NIA Case Under UAPA and IPC — No Prima Facie Case for Bail. Appellant failed to show that the trial court's rejection of bail was perverse or that there was no prima facie evidence of conspiracy under Section 120B IPC read with Sections 16, 18, 20 of UAPA....

The appellant, Kailash Ramchandani, was arrested in 2019 and charged under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA) for his alleged involveme...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest....

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th January 2020 passed by the learned District Judge...

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Bombay High Court Dismisses Petition Challenging Rejection of Nomination for Standing Committee Election Due to Non-Membership of Proposer. Election Scrutiny Committee's Decision Upheld as Proposer Was Not a Member of the Bombay Bar Association at the Time of Nomination....

The petitioner, an advocate, submitted a nomination form for election to the Standing Committee of the Bombay Bar Association. The Election Scrutiny Committee rejected the nomination on the ground tha...