Bombay High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

Bombay High Court

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Bombay High Court Quashes Detention Order Under MPD Act for Delay in Considering Representation — Right Under Article 22(5) Violated. Inordinate delay of 31 days in considering detenu's representation by State Government without explanation vitiates preventive detention order under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981....

The petitioner, wife of the detenu, challenged the detention order dated 02.06.2023 passed by the District Magistrate, Wardha under Section 3 of the Maharashtra Prevention of Dangerous Activities of S...

High Court

Bombay High Court Allows Appeal in Arbitration Matter — Upholds Appointment of Arbitrator Despite Alleged Termination of Contract. Court holds that existence of disputes and arbitration agreement is sufficient for appointment under Section 11 of the Arbitration and Conciliation Act, 1996, even if the underlying contract is terminated....

The appellant, Madgavkar Salvage, a partnership firm, filed an appeal against the order of the Commercial Court rejecting its application under Section 11 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999....

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias Shantesh S. Kalasgond, operates under the registe...

High Court

Bombay High Court Quashes Termination of Assistant Public Prosecutor for Filing Bail Cancellation Application Without Prior Instructions. Rule 30(5) of the Rules for the Conduct of Legal Affairs of Government, 1984 cannot be invoked to terminate an APP who acted bona fide in the interest of justice based on instructions from the Investigating Officer....

The Petitioner, Machindra Ganpat Gate, was appointed as an Additional Public Prosecutor and Assistant Government Pleader for Pune District on 07/07/2014 for two years, re-appointed on 29/04/2017 for a...

High Court

Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Claim of Sisters. Pre-Constitutional Documents and Consistent Entries Establish Caste 'Thakur' as Scheduled Tribe....

The petitioners, two real sisters pursuing education, claimed to belong to the 'Thakur' Scheduled Tribe. Their caste claim proposals were forwarded to the Scheduled Tribe Caste Certificate Scrutiny Co...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881....

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, challenged the order of the 2nd Additional Chief Jud...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu....

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MPM Private Limited, challenged the order dated 03.1...

High Court

Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958....

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional stay of the implementation of an arbitral award i...

High Court

Bombay High Court Allows Owner's Impleadment in Licensee's Suit Against Municipal Corporation for Demolition. Owner is a necessary party under Order I Rule 10 CPC as the suit directly affects the owner's right to property and the owner has a right to be heard before any order affecting his property is passed....

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict of views among single judges regarding whether the owner of a property is a necessary or proper party in ...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882....

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mortgage by conditional sale. They alleged that they...

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Bombay High Court

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Claim of Sisters. Pre-Constitutional Documents and Consistent Entries Establish Caste 'Thakur' as Scheduled Tribe....

Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881....

Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958....

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Judicature at Bombay Upholds Developer's Challenge to Arbitration Award — ...

High Court Quashes School Tribunal's Order on Employee Reinstatement Due to Procedural Irr...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Sets Aside High Court Order on Temple Property Gift — Affirms State's Cust...

Supreme Court Dismisses Appeal Against Charge Framing in Corruption Case — Upholds High ...

Supreme Court Upholds Removal of Deputy Registrar in University Disciplinary Proceedings D...