Bombay High Court

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order....

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcement of an agreement of sale dated 30 December 2015. ...

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Bombay High Court Allows Writ Petition Challenging Invalidation of Caste Certificate for Mahar Scheduled Caste Student. Possession of Christian Religious Photos Not Conclusive Proof of Conversion; Scrutiny Committee Directed to Reconsider Claim Afresh....

The petitioner, a student of 12th standard (Science Stream) at Shri Gadge Maharaj Vidyalaya and Junior College, Murtizapur, claimed to belong to the Mahar caste, which is a Scheduled Caste at Sr. No. ...

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Bombay High Court Quashes Externment Order Under Maharashtra Police Act Due to Non-Application of Mind and Lack of Material. The court held that mere registration of old criminal cases without evidence of continuing criminal activity or witness intimidation does not justify externment under Section 56(1)(b) of the Maharashtra Police Act, 1951....

The petitioner, Harikesh @ Guddu Madan Kattilwar, challenged an externment order dated 5th April 2022 passed by the Deputy Commissioner of Police, Amravati Zone-1, under Section 56(1)(b) of the Mahara...

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Bombay High Court Discharges Accused Brothers in Dowry Death Case Due to Lack of Specific Allegations. General and omnibus allegations against relatives living separately are insufficient to frame charges under Sections 304-B, 306, 498-A IPC....

The judgment concerns two criminal applications filed by accused No.4 (Chetan Chowdhary) and accused No.6 (Anup Chowdhary) seeking discharge in Sessions Trial No.512 of 2016 arising out of Crime No.10...

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Bombay High Court Dismisses Writ Petition Challenging Closure of Execution Proceedings Due to Inordinate Delay and Laches. Objections filed by third parties in execution proceedings not pursued for 14 years; executing court justified in recording satisfaction of decree....

The petitioners, Hirabai Dattatray Mankar and others, filed a writ petition challenging an order dated 11 September 2019 passed by the 6th Joint Civil Judge Senior Division, Pune in Regular Darkhast N...

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Bombay High Court Allows Police Protection for Cultivation in Injunction Suit — Trial Court Erred in Rejecting Application for Police Aid Despite Subsisting Interim Injunction. Court holds that police protection is a necessary concomitant of an interim injunction to ensure its efficacy and prevent breach of peace....

The petitioners, Hemant Vasant Jagtap and another, filed a suit for permanent injunction against the respondents, Haji Abdul Malik Haji Yunusisa and others, seeking to restrain them from interfering w...

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Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area....

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District Judge-1, Sangli (Appellate Court) in Misc. Civil ...

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Bombay High Court Dismisses Petition Challenging Shifting of CL III License for Restaurant and Bar Abutting National Highway. Petitioner's Objection Based on Distance from Religious Place Rejected as License Was Already Granted and No Statutory Violation Found....

The petitioner, Rahul Giridhar Pathade, a resident of Village Peth, District Nashik, filed a writ petition challenging three orders: (i) order dated 04.12.2018 passed by the Commissioner State Excise ...