Bombay High Court

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Bombay High Court Allows MMRDA to Construct Metro Line-5 Over Mangroves Subject to Compensatory Plantation. Public Interest Project Overrides CRZ Restrictions Under PIL Directions....

The petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory body under the Mumbai Metropolitan Region Development Authority Act, 1974, filed a writ petition seeking leave of ...

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Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947....

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 passed below Exhibit U-25 in Reference (IT) No.15 ...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Developer Appointment in Slum Rehabilitation Scheme. Petitioner's failure to obtain 70% slum dweller consent and submit documents within stipulated time justified termination under Section 13(2) of Maharashtra Slum Areas Act, 1971....

The petitioner, Surjit Singh Arora, sole proprietor of M/s. Sukhamani Construction, was appointed as developer for a slum rehabilitation scheme under the Maharashtra Slum Areas (Improvement, Clearance...

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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963....

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the judgment and decree dated 14/09/1995 in S.C. Suit No....

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Proved by Charge-Sheet and Income Assessed Notionally. The Court upheld the Tribunal's award of Rs. 7,92,000 to the dependents of the deceased, finding no error in the assessment of negligence or income....

The appeal arises from a motor accident claim where the deceased, Rajeshwar, died in a vehicular accident on 27 January 2015. The claimants, being his wife, son, daughter, and mother, filed a claim pe...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Age of Deceased and Hypothecation of Vehicle Not Grounds to Shift Liability. Owner's Obligation to Insure Vehicle Under Motor Vehicles Act, 1988 Cannot Be Shifted to Bank Merely Because Vehicle Was Hypothecated....

The case arises from a motor accident claim where the appellants, an insurance company, challenged the award of compensation by the Motor Accident Claims Tribunal, Ichalkaranji. The deceased died in a...

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Bombay High Court Allows Quashing of Criminal Proceedings in Investment Dispute — Dispute Held Civil in Nature. Section 482 Cr.P.C. Application Allowed as Allegations Do Not Disclose Offences Under Sections 406, 420 IPC....

The applicant, Nandkishor Eknath Kothawade, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order dated 12th February 2014 passed in R.C.C. No. 115...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996....

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the Arbitral Tribunal under Section 17 of the Arbitrati...