Bombay High Court

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication....

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs from the Maharashtra State Road Development Corporati...

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Bombay High Court Dismisses Appeal Against Rejection of Amendment and Adjournment in Civil Suit — No Interference with Discretionary Orders Under Order VI Rule 17 and Order XVII Rule 1 CPC....

The appellants, original defendants in a civil suit, filed an appeal challenging two orders passed by the Civil Judge Senior Division, Gangakhed: (1) order dated 26.06.2014 rejecting their application...

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Bombay High Court Allows Writ Petition Challenging No Confidence Motion Against Sarpanch Due to Insufficient Notice Period. Notice Period of 15 Days Under Section 35 of Maharashtra Village Panchayats Act, 1959 Must Exclude Date of Notice and Date of Meeting....

The petitioner, Shaikh Jadanbee Shaikh Rais, was the Sarpanch of Gram Panchayat Garkheda-Jomala, Taluka Bhokardan, District Jalna. Respondent No.5, Shaikh Mukhtar Shaikh Hanif, along with other member...

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Bombay High Court Quashes Magistrate's Order Directing Investigation Under Section 156(3) CrPC in Liquor Licence Dispute Between Relatives. Application Under Section 156(3) CrPC Filed with Oblique Motive to Harass Licensees, Not for Genuine Investigation....

The applicants, four women who are close relatives of non-applicant No.3, challenged an order dated 4.1.2016 passed by the Judicial Magistrate First Class, Malegaon, directing the police to investigat...

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Bombay High Court Dismisses Quashing Petition Under Section 482 Cr.P.C. After Rejection of Discharge and Revision. Inherent power under Section 482 Cr.P.C. cannot be invoked as a second revision or to circumvent the bar under Section 397(3) Cr.P.C. when a discharge application under Section 227 Cr.P.C. has been rejected and the revision against it has been dismissed....

The applicants, accused nos. 3, 4, 6 and 7 in Sessions Trial No. 363/2017, were charged with offences under Sections 304B, 498A, 306 read with Section 34 of the Indian Penal Code and Sections 3 and 4 ...

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Bombay High Court Quashes FIR in Wireless Telegraphy Act Case for Non-Compliance with Section 155(2) CrPC. FIR registered without prior permission of Magistrate for non-cognizable offence under Section 6 of Indian Wireless Telegraphy Act read with Section 20 of Indian Telegraph Act, 1885, held invalid....

The petitioner, Anderson Mark Richard, a British national and former Senior Executive of Offshore Petroleum Industry Training Organization, filed a criminal writ petition under Article 226 of the Cons...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession....

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Division, Newasa, challenged the order dated 17.08.2...

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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit....

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allowing an application for amendment of the plaint fi...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution....

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Maharashtra Co-operative Societies Act, 1960, filed a...