Bombay High Court

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Bombay High Court Allows Writ Petition Against Non-Renewal of Courier License Without Hearing - Violation of Natural Justice. Refusal to renew authorized courier registration without opportunity of hearing violates principles of natural justice under Customs Act, 1962....

The petitioner, Aramex India Private Limited, is engaged in international carriage of time-sensitive documents and parcels. It was registered as an authorized courier under the Courier Imports and Exp...

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Bombay High Court Dismisses Applications to Set Aside Consent Divorce Decree in Matrimonial Dispute — No Fraud or Collusion Found. Consent terms recorded by Family Court under Section 13B of Hindu Marriage Act, 1955 are binding and cannot be unilaterally rescinded....

The judgment arises from two miscellaneous civil applications filed by Vijay Suryakant Kakade and Jay Suryakant Kakade (applicants) seeking to set aside a consent decree of divorce passed by the Famil...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award Holding Put and Call Options in Share Purchase Agreement as Enforceable. The court held that clauses 8.5 and 8.5.1 of the Share Purchase Agreement are not forward contracts or derivatives under SCRA and SEBI circulars, and the Single Judge erred in setting aside the award....

The appellants, Percept Finserve Private Limited and Percept Limited, entered into a Share Purchase Agreement with Edelweiss Financial Services Limited, which contained clauses 8.5 and 8.5.1 granting ...

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Bombay High Court Allows NHAI to Fell Mangroves for Expressway Subject to Compensatory Plantation. National Highway Project of National Importance Permitted with Conditions to Mitigate Ecological Impact in CRZ-IA Area....

The Bombay High Court disposed of a writ petition filed by the National Highways Authority of India (NHAI) seeking leave to execute the Vadodara-Mumbai Expressway project, which required felling of 10...

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Bombay High Court Upholds Conviction for Murder and Attempt to Murder in Domestic Violence Case — Minor Son's Testimony Found Credible Despite Being Child Witness. The court affirmed the conviction under Sections 302 and 324 IPC based on the reliable testimony of the injured minor son and corroborating medical evidence....

The appellant, Kalidas s/o Kundlik Lomte, was convicted by the Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013 for offences under Sections 302 and 324 of the Indian Penal Code, 1...

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Bombay High Court Allows Land Acquisition Compensation Petitions in Nanded — Directs Payment of Enhanced Compensation with Interest. Landowners entitled to compensation under Section 28 of the Land Acquisition Act, 1894 for delay in payment after possession was taken....

The judgment concerns a batch of writ petitions filed by landowners whose lands were acquired by the State of Maharashtra for the Nanded-Waghala Municipal Corporation. The common issue was the delay i...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Deceased Teacher's Income Reassessed with Future Prospects and Multiplier. The Court held that the Tribunal erred in not granting future prospects and enhanced compensation from Rs. 5,50,000 to Rs. 10,50,000 under Section 166 of the Motor Vehicles Act, 1988....

The appellants, original claimants, filed an appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Amravati, for the death of Sahebrao Raghoji Bambole in a road acc...

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Bombay High Court Quashes Development Charges Demand on Nazul Land for TDR-Based Construction — No Legal Basis for Levy Under Maharashtra Land Revenue Code or Nagpur Land Rules. The court held that the Nazul Tahsildar cannot demand development charges for NOC to sell flats constructed using TDR on nazul land as there is no statutory provision authorizing such levy....

The petitioner, Sunil Thapar, owner of nazul Plot No.94 in Ramdaspeth, Nagpur, entered into a development agreement with M/s Raghav Life Spaces on 22 July 2015 to construct a multi-storied residential...

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Bombay High Court Examines MCD's Recovery Notices Against MEPIDL for Territorial Overreach. Cross-Petitions on Attachment of Assets Outside Delhi Under DMC Act, 1957....

The dispute arose from a contract dated 28th September 2017 between MEP Infrastructure Developers Limited (MEPIDL), a Mumbai-based enterprise, and the Municipal Corporation of Delhi (MCD) for collecti...