Bombay High Court

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Bombay High Court Quashes ECI Certificate Refusing Bye-Election for Pune Parliamentary Constituency — Mandates Immediate Notification Under Section 149 RoPA. Section 151A(b) Cannot Be Used to Indefinitely Postpone Bye-Election; ECI's Discretion Is Limited to Fixing Date, Not Deciding Whether to Hold Election....

The Petitioner, Sughosh Joshi, a registered voter in Pune parliamentary constituency and Kothrud legislative assembly constituency, filed a writ petition challenging a certificate dated 23rd August 20...

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Bombay High Court Quashes No-Confidence Motion Against Sarpanch for Non-Service of Notice. Service of Notice on Son Not Valid Service Under Section 35 of Maharashtra Village Panchayats Act, 1959....

The petitioner, Smt. Sampada Vilas Mahargude, was the Sarpanch of Gram Panchayat Talewadi, Taluka Atpadi, District Sangli. A motion of no confidence was passed against her in a meeting held on 17th Ju...

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Bombay High Court Allows Application to Reject Suit Due to Arbitration Clause in Commercial Summary Suit. Dispute Referred to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996....

The Plaintiff, M/s Railsys Engineers Private Ltd., filed a commercial summary suit against the Defendants, Overseas Infrastructure Alliance Pvt. Ltd. and another, seeking recovery of outstanding invoi...

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Bombay High Court Allows Interim Application for Impleadment in Writ Petition Concerning Demolition of Building — Applicant Claims Ownership of Flat and Seeks to Protect Possession. The court held that the applicant has a direct interest in the property and should be heard before any order affecting his rights is passed....

The judgment pertains to an interim application filed by Nagesh Madhava Suvarna seeking impleadment in a pending writ petition. The writ petition was filed by Manohar M Ghatalia and others against the...

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High Court of Judicature at Bombay Adjudicates FEMA Appeals by Special Director, Directorate of Enforcement Against Tribunal's Reduction of Penalty. Appeals Under Section 35 of Foreign Exchange Management Act, 1999 Challenge Reduction of Penalty from Rs.98.35 Crores to Rs.15 Crores in IPL Franchise Foreign Exchange Violations....

The judgment delivered on 13 December 2023 by the Bombay High Court addressed statutory appeals filed by the Special Director, Directorate of Enforcement, under Section 35 of the Foreign Exchange Mana...

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Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice....

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swastik Enterprises, seeking condonation of a 282-day ...

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Bombay High Court Allows Appeal Against Interim Injunction in Copyright Groundless Threat Suit — Restrains Defendant from Publishing Defamatory Statements Alleging Copyright Infringement. Court holds that Section 60 of Copyright Act, 1957 provides a remedy against groundless threats and that an interim injunction can be granted to restrain such threats pending trial....

The appeal arises from an order dated 21 February 2023 passed by the learned District Judge in Civil Suit No.19 of 2022, whereby the trial court granted an interim injunction restraining the appellant...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Eye-Witnesses' Evidence Found Inconsistent and Recovery Doubtful....

The appellant, Ranjeet s/o Haribhau Jadhav, was convicted by the Sessions Judge, Parbhani, for the murder of Datta under Section 302 IPC and under Section 27 r/w 5 of the Arms Act. The prosecution cas...

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Bombay High Court Allows Accused to File Written Statement in NI Act Case — Right Under Section 313(5) CrPC Cannot Be Denied on Grounds of Delay. The Court held that the accused's desire to file a written statement recorded during Section 313 examination must be honoured, and rejection on grounds of delay and absence of cross-examination is perverse....

The petitioner, Ms. Patricia Reiter, is an accused in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. After the examination of the complainant, the matte...