Bombay High Court

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High Court Quashes MCOCA Charges Due to Insufficient Evidence and Procedural Irregularities. The court found that the prior approval and sanction lacked proper application of mind and did not consider the A-Summary Report, leading to an unjustified invocation of MCOCA....

The dispute arose from allegations of extortion involving the petitioners and the respondent, Kamal Jaswantlal Sheth. The petitioners, Rajan Bhagwandas Sujanani and Kishore Daulatram Vatnani, filed Wr...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Conviction Set Aside Due to Gaps in Chain of Circumstances. Failure to Prove Motive and Last Seen Theory Beyond Reasonable Doubt Leads to Benefit of Doubt Under Indian Penal Code, 1860 Sections 302, 201, 120B....

The appellant, Vrishal Madhukar Kalane, was convicted by the trial court under Sections 302, 201, and 120B of the Indian Penal Code, 1860, for the murder of one person and causing disappearance of evi...

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Bombay High Court Allows Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Found to Be in Conflict with Public Policy and Patent Illegality. The Court held that the Arbitral Tribunal's interpretation of the contract was perverse and ignored the express terms, leading to a miscarriage of justice....

The dispute arose out of a contract between ABB India Limited (Petitioner) and Sunil Hariram Jaisingh and Others (Respondents) for the supply and installation of electrical equipment. The contract con...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960....

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law amendments concerning respondent no. 3, Apeksha C...

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High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014....

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the order dated 1 November 2018 passed by the Maharash...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession or ouster, and the suit for partition was not barred by limitation under Article 65 of the Limitation Act, 1963....

The case involves a second appeal filed by the original defendant no. 2 (since deceased, represented by his legal heirs) against the judgment and decree of the first appellate court which confirmed th...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights....

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside the trial court's decree in their favor. The appel...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence....

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and decrees passed by the trial court and the first appe...

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High Court of Bombay Upholds Claims for Damages in Maritime Incident — Plaintiff Entitled to Recovery. Court Found Defendants Liable for Negligence and Firefighting Expenses Under Major Port Authorities Act, 2021....

The case involved a maritime dispute where the plaintiff, a body corporate under the Major Port Authorities Act, 2021, sought damages from the defendants following explosions on board the defendant ve...