Bombay High Court

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Bombay High Court Directs Appellate Authority to Decide Stay Applications in Licence Suspension Cases Under Drugs and Cosmetics Act, 1940. The court held that the appellate authority must promptly decide interim relief to prevent the appeal from becoming infructuous....

The petitioners, who run medical stores and hold licences under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, had their licences suspended by the Assistant Commissioner (Z...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency....

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-4, Kolhapur dated 24 November 2022, which allowed ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Cannot Be Exonerated Based on Unproven Allegation of Hire and Reward. The Tribunal erred in relying on a police statement not tested in evidence to conclude breach of policy terms....

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Pune, which exonerated the Insurance Company from liability to pay compensation to the claimants, the legal heirs of the deceas...

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Bombay High Court Quashes Process Issued by Magistrate in Private Complaint for Lack of Application of Mind. Magistrate failed to consider police report indicating civil dispute and mechanically issued process under Sections 323, 504, 506(ii), 427 read with 34 IPC....

The applicants, Raosaheb Murlidhar Ahire and another, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court challenging an order da...

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Bombay High Court Allows Amendment of Plaint to Correct Clerical Error in Loan Agreement Exhibit. Court permits substitution of wrong document with correct agreement reflecting 12.5% interest instead of 1% as agreed between parties....

The plaintiff, Kyoorius Communications Private Limited, filed a Commercial Summary Suit against Datalink Multi Trading Private Limited and others for recovery of a loan amount. The plaint was on lodgi...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in MCGM Contract Dispute. Court Holds That Respondent's Failure to Appoint Arbitrator Within 30 Days of Notice Entities Applicant to Court-Appointed Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996....

The applicant, Kalpataru Projects International Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes aris...

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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....