Bombay High Court

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High Court of Bombay at Nagpur Dismisses Writ Petitions by Maharashtra State Warehousing Corporation Against Co-operative Bank and Borrowers in Recovery Proceedings Under SARFAESI Act — Petitions Challenging Auction Sale and Possession Found Premature as Statutory Remedies Under Section 17 Not Exhausted....

The judgment pertains to three writ petitions filed by the Maharashtra State Warehousing Corporation (the petitioner) challenging the actions of the Pusad Urban Co-operative Bank Ltd. (respondent no. ...

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High Court of Bombay at Goa Allows Writ Petition by Regularizing Lower Division Clerks from 2004 Government Approval Date. Court Holds That Delay in Regularization Was Due to Administrative Inaction Without Valid Exigencies, Making Retrospective Regularization Necessary for Old Pension Scheme Entitlement....

The petitioners, five women employed as Lower Division Clerks with the Goa Board of Secondary and Higher Secondary Education, filed a writ petition under Article 226 of the Constitution of India seeki...

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Bombay High Court Dismisses Union of India's Challenge to Settlement Commission Order Classifying Motor-home Under CTH 87.02. Settlement Commission Has Jurisdiction to Interpret Tariff Classification Under Customs Act, 1962....

The Union of India filed a writ petition challenging an order dated 28.07.2008 passed by the Customs and Central Excise Settlement Commission, Additional Bench, Mumbai under Section 127C(5) of the Cus...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Stands Unless Accused Rebuts with Probable Defence....

The appellant, Dilip Virumal Ahuja, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 11th January 2010 passed by the learn...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Sets Aside Arbitral Award for Patent Illegality and Perversity in Awarding Damages for Breach of Agreement for Sale of Land. The court found that the arbitral tribunal failed to consider mitigation of damages and made a perverse computation of damages based on an incorrect price per acre....

The case involves a commercial appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Jagannath Parmeshwar Mills Private Limited (JPMPL) against an order of a learned Single J...

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Bombay High Court Allows Writ Petition Challenging Cancellation of Dealership Allotment on Grounds of Non-Disclosure of Land Ownership. Petitioner's selection for SC PH category retail outlet dealership set aside due to failure to disclose that offered land was owned by her husband, not herself, violating BPCL guidelines....

The petitioner, Suvarna Shrikrishna Deore, a Scheduled Caste (SC) candidate with 40% visual impairment, applied for a retail outlet dealership (petrol pump) advertised by Bharat Petroleum Corporation ...

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Bombay High Court Dismisses Petitions Challenging Postponement of Local Body Elections Due to Lack of Valid OBC Reservation Notification. Court Holds That State Election Commission Cannot Be Directed to Conduct Elections Without Proper Reservation Under Article 243D of Constitution and Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The judgment involves multiple writ petitions filed by various individuals challenging the decision of the State Election Commission of Maharashtra to postpone elections to Zilla Parishads and Panchay...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim for Deceased Student. Notional Income Increased to Rs.5,000 per Month and Multiplier Applied as per Age of Deceased....

The appellants, parents of the deceased Sachin, filed an appeal for enhancement of compensation granted by the Motor Accident Claims Tribunal, Shrirampur, for the death of their son in a vehicular acc...

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Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988....

The present appeal was filed by original accused No.1, Rafiq Beg Mirza, challenging his conviction by the learned Special Judge, Jalgaon, in Special Case No.10 of 2004 for offences under Sections 7, 1...