Bombay High Court

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High Court of Bombay Dismisses Writ Petition Challenging Rejection of Application for Appointment of Court Commissioner During Appeal. Petitioner's earlier application for measurement of lands was allowed, commissioner appointed, report submitted, and commissioner examined as witness; fresh commission not permissible....

The petitioner, Yasin Gulab Shikalkar, filed a Regular Civil Suit No. 62 of 2010 for permanent injunction and recovery of possession of encroached portion of land against the respondents. During the s...

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Bombay High Court Quashes SRA Order in Slum Rehabilitation Dispute — Trust Land Cannot Be Acquired Without Following Maharashtra Public Trusts Act. Held that Slum Rehabilitation Authority cannot declare a trust property as a slum or pass rehabilitation orders without prior permission from Charity Commissioner under Section 36 of Maharashtra Public Trusts Act, 1950....

The petitioners, A.H. Wadia Trust and its trustees, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30th September 2016 passed by the Slum Rehabilitati...

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Bombay High Court Partially Allows Challenge to Arbitral Awards in Partnership Dissolution Dispute. Court upholds award on Grant Road firm but sets aside award on Colaba firm due to lack of reasons on counterclaim....

The petitioner, Zenobia Poonawala, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two arbitral awards dated 30/09/2019 and 31/10/2019 passed by a sole ...

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Bombay High Court Dismisses Petition Challenging Issuance of Witness Summons Under Order XVI Rule 1(3) CPC. Procedural Non-Compliance Does Not Bar Court's Discretion to Summon Witnesses in the Interest of Justice....

The petitioner, Dinesh Singh Bhim Singh, the defendant in a civil suit, challenged an order dated 26 August 2022 passed by the Civil Judge Senior Division, Vasai, which allowed the plaintiffs' applica...

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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...