Bombay High Court

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold and Delivered. Dispute Over Principal Amount and Interest Rate Constitutes Triable Issues Under Order XXXVII CPC....

The Plaintiff, Oriental Aromatics Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the Defendant, Poonam D. Bhatiya, trading as M/s Raj Industries, for re...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title....

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hiru Mhatre. After his death intestate on 06 March 19...

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Bombay High Court Allows Substitution of Assignee in Pending Arbitral Proceedings Under Section 15 of Arbitration Act. Assignment of debt includes right to continue arbitration; unilateral appointment of arbitrator by original lender does not invalidate substitution....

The applicant, Integro Finserv Private Limited, an NBFC, filed three applications under Section 14 read with Section 11 read with Section 15 of the Arbitration and Conciliation Act, 1996, seeking subs...

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Bombay High Court Acquits Appellants in Culpable Homicide Case Due to Lack of Evidence of Common Intention and Doubtful Dying Declaration. Conviction under Section 304 Part II IPC set aside as prosecution failed to prove that appellants shared common intention to cause death of pregnant woman....

The case pertains to an appeal against the conviction of two women, Rahibai and Laxmibai, under Section 304 Part II read with Section 34 of the Indian Penal Code (IPC) for causing the death of a pregn...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate....

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlord) regarding mesne profits for the period after te...

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Bombay High Court Allows Writ Petition Challenging Rejection of Caste Certificate for Tokre Koli Scheduled Tribe. Orders Fresh Verification by Scrutiny Committee Considering Documentary Evidence Including School Records and Old Certificates....

The petitioners, Prakash Shivram Nikumbh and his minor daughters Manasvi and Divya, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 23.07.2015 passed b...

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Bombay High Court Allows Petition Against Unauthorized Construction and Inaction by Municipal Corporation — Directions Issued to MCGM to Act Within Four Weeks. Resident's Locus Standi Upheld Under Mumbai Municipal Corporation Act, 1888 Sections 351, 354, 355A, 488....

The petitioner, Dr. Rahul Jain, a resident of Borivali West, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging the inaction of the Municipal Corporation of Great...

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Bombay High Court Allows Landlord's Interim Application for Market Rent Deposit Pending Civil Revision Against Reversal of Eviction Decree. Tenant directed to deposit market rent as per Atma Ram Properties ratio, with liberty to withdraw by landlord subject to furnishing undertaking....

The landlord (original plaintiff) filed a suit for eviction against the tenant, which was decreed by the Trial Court. The tenant appealed to the Appellate Bench of the Court of Small Causes at Bombay....

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Inordinate Delay and Vague Allegations — Section 482 CrPC Petition Allowed. Court held that unexplained delay of five years in lodging FIR for cruelty allegations, coupled with pending civil proceedings, rendered the criminal prosecution an abuse of process....

The applicants, who are the husband and his family members, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Crime No. 100 of 2019 registered a...