Bombay High Court

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Bombay High Court Dismisses MCGM Petition Challenging Compassionate Appointment to Son of Deceased Employee. Compassionate appointment is an exception to Articles 14 and 16 of the Constitution, and the scheme must be interpreted liberally to provide immediate succor to the family in penury....

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging the order of the Maharashtra Administrative Tribunal (MAT) which directed the MCGM to consider the respondent's app...

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Bombay High Court Examines Challenge to Rejection of Direct Tax Vivad Se Vishwas Declaration; Prosecution Bar Under Section 9(a)(ii) Interpreted Narrowly. The Court Noted That the Bar Applies Only When Prosecution Relates to Tax Arrear as Defined Under Section 2(1)(o), and the CBDT Circular Clarification Was Not in Alignment With Legislative Intent....

The dispute arose from the rejection of declarations filed by Pragati Pre Fab India Pvt. Ltd. under the Direct Tax Vivad Se Vishwas Act, 2020 for Assessment Years 2010-2011 and 2011-2012. The Principa...

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Bombay High Court Dismisses Writ Petitions of Employer in Industrial Disputes Act Case. Court Holds That Employer-Employee Relationship Existed Despite Implementing Agency Status and That Termination Without Compliance with Sections 25F and 25G of Industrial Disputes Act, 1947 Constituted Unfair Labour Practice....

The Bombay High Court, by judgment dated September 12, 2023, dismissed two writ petitions filed by the Chief Executive Officer, Zilla Parishad, Nashik, challenging concurrent orders of the Labour Cour...

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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Negligence in Fatal Accident. Held that the Labour Court and Industrial Court correctly upheld dismissal based on proved misconduct of gross negligence under Standing Order 20(j) of the Bombay Industrial Relations Act, 1946....

The petitioner, Balu Namdevrao Mule, was employed as a bus driver with the BEST Undertaking since 1993. On 9 February 2003, while driving bus No. 6733 on route 132/6, he knocked down a pedestrian at K...

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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015....

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 18th March 2019 passed by the Commis...

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Bombay High Court Allows Petition Against Demolition of Structurally Sound Building, Sets Aside Unsafe Declaration and Directs Structural Audit by Approved Agency. MCGM's failure to follow guidelines in MCGM v State of Maharashtra and to provide notice to the society before demolition violated principles of natural justice....

The petitioner, Andheri Purab Paschim Co-operative Housing Society Ltd., challenged the action of the Municipal Corporation of Greater Mumbai (MCGM) in declaring its building as unsafe and ordering it...

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Bombay High Court Allows Section 9 Petition by Developer Against Society in Redevelopment Dispute — Interim Injunction Granted to Protect Developer's Rights Pending Arbitration. The court held that the developer had a prima facie case and balance of convenience favored granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996....

The judgment concerns three cross-petitions under Section 9 of the Arbitration and Conciliation Act, 1996, arising from a dispute between a developer, Meeti Developers Private Limited, and a cooperati...

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Bombay High Court Allows Appeal Against Appointment of Court Receiver in Property Dispute — Appellant Not a Party to Agreement and Not in Possession, Receiver Appointment Set Aside. The court held that the learned Single Judge erred in appointing a receiver without considering that the appellant was a third party and not in possession of the suit property....

The present appeal was filed by Rajaram Chavan Real Estate Pvt. Ltd. (the appellant), who was originally Defendant No.7 in a commercial suit, challenging an order dated 20th July 2023 passed by a Lear...

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Bombay High Court Hears Appeal Against Rejection of Plaint in Partnership Property Dispute. Order VII Rule 11 CPC Application Allowed on Grounds of Limitation and Partnership Dissolution; Appellant Challenges Findings on Awareness and Continuation of Firm....

The appeal arose from an order dated 21 August 2019 passed by a Learned Single Judge of the Bombay High Court in Suit No.220 of 2013, allowing three Notices of Motion filed by certain respondents unde...

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Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance — Time Extension for Deposit of Balance Consideration Upheld. Executing Court's Discretion to Extend Time Under Section 28 of Specific Relief Act, 1963 is Not Barred by Limitation if Decree is Alive and Enforceable....

The case arises from a decree for specific performance of an agreement for sale dated 20th February 1989 in respect of agricultural land. The original plaintiff (now deceased) obtained a decree on 14t...