Bombay High Court

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Bombay High Court Dismisses Petition Seeking Monetary Compensation Under Section 21 of Maharashtra Project Affected Persons Rehabilitation Act, 1999. Section 21 Does Not Provide for Compensation to Project Affected Persons for Obstruction in Possession of Alternate Land; Remedy Lies in Removal of Obstruction by Collector....

The petitioners, project affected persons who lost their lands in the Veer Baji Pasalkar Irrigation Project, were allotted alternate lands by the Collector, Pune on 6 June 2001 under the Maharashtra P...

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Bombay High Court Restores Pre-Arrest Bail in Investment Fraud Case — Suppression of Facts Not Proven. Cancellation of anticipatory bail set aside as the applicant had not suppressed material facts and the cancellation was based on unsubstantiated allegations....

The case involves an application by Rajesh Thomas Menzes challenging an order dated 11 May 2023 passed by the Additional Sessions Judge, Vasai, which cancelled his pre-arrest bail and issued a non-bai...

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High Court of Judicature at Bombay Decides Preliminary Issue in Copyright Infringement Suits. Preliminary Objection on Copyright Society Registration Under Section 33(1) of Copyright Act, 1957 Determined Without Party Names....

The Bombay High Court was seized of a batch of commercial IP suits filed by Novex Communications Pvt Ltd and Phonographic Performance Ltd seeking perpetual injunctions against various defendants for p...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Child Testimony and Lack of Medical Corroboration. Conviction for Rape of Minor Set Aside as Prosecution Failed to Prove Penetration Beyond Reasonable Doubt....

The appellant, Raju Vishwanath Sable, was convicted by the Additional Sessions Judge, Aurangabad on 25.10.2018 in Special Case (POCSO) No. 46 of 2015 for offences under Sections 376(1), 323 IPC and Se...

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Bombay High Court Upholds Reinstatement of Teacher with Back Wages and Continuity of Service in Termination Case. Termination of Assistant Teacher Without Prior Approval Under Section 5 of M.E.P.S. Act Held Illegal....

The case involves two writ petitions arising from a common judgment of the School Tribunal, Amravati, in Appeal No.39 of 2018. The petitioner in Writ Petition No.5637 of 2022, Smt. Rukhmini Laxman Jad...

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Bombay High Court Dismisses Appeal in Succession Act Case — Probate of Will Upheld as Genuine and Validly Executed. The court affirmed that the propounder of the will had discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925, and that the will was not vitiated by undue influence or fraud....

The case involves a probate appeal under Section 299 of the Indian Succession Act, 1925, challenging the judgment of the Civil Judge (Senior Division), Chandrapur, which granted probate of the Will De...

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Bombay High Court Allows Petition Against Appellate Order Dismissing Shared Household Claim Under Domestic Violence Act — Reliance on Overruled Precedent S.R. Batra Held Erroneous. The court set aside the appellate order and remanded the matter for fresh consideration in light of Satish Chander Ahuja v. Sneha Ahuja and Prabha Tyagi v. Kamlesh Devi....

The petitioner, Smt. Reena C. Naik, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order of the First Appellate Court dated 17/11/2022 in Criminal Appeal...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Limitation Period. Reopening Based on Non-Escapement of Income as Assessee Had Already Disclosed Full Details During Original Assessment....

The petitioner, Bajaj Energy Limited, a company engaged in energy business, filed its return of income for Assessment Year 2014-15 on 30th November 2014 declaring total income of Rs. 1,01,63,86,870/-....

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Bombay High Court Dismisses Writ Petitions Challenging Labour Court Orders in Industrial Dispute — Petitioner Company Failed to Show Perversity or Jurisdictional Error in Awards Granting Relief to Workmen....

The petitioner, Electropneumatics And Hydraulics India Pvt. Ltd., filed two writ petitions under Article 226 of the Constitution challenging separate awards passed by the Labour Court, Pune, in Refere...