Bombay High Court

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Bombay High Court Examines Legality of Deletion of 58 Members from Voters List of Cooperative Society Without Prior Notice. Court Considers Whether Mandatory Landholding Requirement Under Model Bye-Laws and 97th Constitutional Amendment Overrides Need for Formal Membership Cancellation Procedure....

The matter arose from a writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad, filed by Santosh Thorbole, a member of Vividh Karyakari Seva Sahakari Sanstha Maryadit Satra, ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed....

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan from Bank of Baroda. Upon default, the Debt Recove...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993...

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan facilities from HDFC Bank Ltd. The bank filed Original...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim Despite No Amendment in Claim Petition. Tribunal's Power to Award Just Compensation Not Restricted by Claim Amount Under Motor Vehicles Act, 1988....

The appellants, claimants in a motor accident claim, filed an appeal before the Bombay High Court seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The Tribunal had ob...

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Bombay High Court Quashes FIRs Against Petitioner for Alleged Hate Speech Under Sections 153A and 505 IPC — No Offence Disclosed as Statements Did Not Promote Disharmony or Enmity Between Groups. The court held that criticism of a political party does not attract Section 153A IPC and that the ingredients of Section 505(2) IPC were not satisfied....

The petitioner, Sandeep Arjun Kudale, filed two criminal writ petitions under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of two ...

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Bombay High Court Allows Writ Petition Challenging Lifting of Temporary Injunction in Property Dispute. Court Restores Injunction Restraining Alienation and Development of Suit Property Pending Suit for Declaration of Share and Challenge to Revocation of Will and Gift Deed....

The petitioner, Ravikiran Vasant Gore, filed two writ petitions challenging the judgment and order dated 25 January 2021 passed by the District Judge-II, Panvel, Raigad, in Misc. Civil Appeal Nos. 260...

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Bombay High Court Quashes Criminal Complaint in Fabrication of Evidence Case — Postal Receipt Not Conclusive Proof of Service. Court holds that mere affixation of a postal receipt on a letter does not prove dispatch or receipt, and criminal proceedings for forgery cannot be sustained without prima facie evidence of fabrication....

The applicant, Hari Prakash Tripathi (accused no.1), filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the judgment dated 17.09.2018 passed by the learn...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Did Not Form Complete Chain....

The appellant, Kishor alias Bajrang s/o Mukundrao Ramteke, was convicted by the Sessions Judge, Nagpur for the murder of his mother under Section 302 IPC and sentenced to life imprisonment. The prosec...

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Bombay High Court Allows Writ Petition Challenging Property Tax Attachment and Auction, Directs Corporation to Accept Payment from Applicant and Withdraw Attachment. The court held that the applicant's payment under protest and subsequent demand draft should be accepted, and the attachment and auction notices should be withdrawn....

The petitioner, M/s. Natvar Properties Pvt. Ltd., filed a writ petition challenging the warrant of attachment dated 14th March 2011 and notice of auction dated 5th May 2011 issued by the Municipal Cor...