Bombay High Court

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability....

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a loan facility of INR 20 Crore from the respondent, C...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area....

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by the Municipal Corporation for Greater Mumbai (MCGM) ...

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High Court of Bombay Quashes Reassessment Notice Issued to Non-Existing Entity in Income Tax Reopening Case — Notice Under Section 148 of Income Tax Act, 1961 Invalid as Issued Against Merged Company....

The petitioner, Siemens Limited, challenged a notice dated 30 March 2015 issued under Section 148 of the Income Tax Act, 1961 for the Assessment Year 2008-09. The notice was originally issued to M/s M...

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Bombay High Court Dismisses Writ Petition Challenging Education Officer's Seniority Determination — Appointment of Headmaster Set Aside for Violation of Seniority Rules. The court held that the Education Officer has jurisdiction to decide inter se seniority under Rule 3.1 of MEPS Rules, 1981, and that appointment of a junior teacher as Headmaster is illegal....

The petitioner, Namdeo Vishnu Sase, and respondent no. 5, Ramesh Mohaniraj Ghule, were teachers in a school run by respondent no. 4 management. The management appointed the petitioner as Headmaster wi...

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Bombay High Court Grants Default Bail to Accused Under MCOCA for Non-Compliance with Section 167(2) CrPC — Extension of Investigation Period Without Notice to Accused Invalid. The court held that the right to be heard before extension of investigation period is a fundamental facet of natural justice, and its violation entitles the accused to default bail....

The petitioners, accused in a crime registered under Sections 307, 109 read with Section 34 IPC and Sections 3 and 25 of the Arms Act, along with provisions of the Maharashtra Control of Organised Cri...

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Bombay High Court Allows Writ Petition Challenging Rejection of Delay Condonation in Mutation Entry Challenge. Court holds that delay in challenging mutation entry cannot be attributed to petitioner when authorities failed to comply with statutory duty under Maharashtra Land Revenue Code....

The petitioners, Shankarrao Premaji Banarase and others, filed a writ petition before the Bombay High Court at Nagpur challenging the order dated 30/07/2019 passed by the Sub-Divisional Officer, Nagpu...

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High Court of Bombay at Goa Sets Aside Motor Accident Claims Tribunal Dismissal for Failure to Decide All Issues and Apply Preponderance of Probabilities Standard. Claimants in Motor Accident Claim Succeed in Establishing Need for Tribunal to Consider Quantification and Relaxed Standard of Proof Under Motor Vehicles Act, 1988....

The matter arose from a motor accident claim wherein the widow and three minor children of late Tippanna Yellappa Suldal sought compensation for his death in an accident on 18 March 2017 involving a t...

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Bombay High Court Dismisses Petitions Challenging Termination of Apprenticeship Training by Pune Municipal Corporation. Apprenticeship Act, 1961 does not require prior notice or hearing before termination of apprenticeship contract....

The judgment concerns two writ petitions filed by apprentices challenging their termination from apprenticeship training by the Pune Municipal Corporation (PMC). The petitioners were engaged as appren...

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Bombay High Court Quashes Caste Scrutiny Committee Order Invalidating OBC Claim — Committee Failed to Consider Vigilance Report and Relevant Documents. The court directed reconsideration of caste claim with proper consideration of all evidence....

The petitioner, Parvati Dattatray Kumbhar, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 17 December 2021 passed by the Committee for Scrutiny of Cas...