Bombay High Court

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Bombay High Court Considers Petitions Challenging Magistrate's Order and FIR in Share Fraud Complaint Under IPC and CrPC. Petitioners Raised Malafide Complaint, Lack of Territorial Jurisdiction, and Non-compliance with Priyanka Srivastava Affidavit Requirement....

The Bombay High Court was considering two writ petitions filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of an order dated...

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Bombay High Court Upholds University Tribunal's Order in Part — Lecturer's Appointment Without NET/SET or Ph.D. Held Invalid, but Salary for Work Done Granted. Minority Institution's Right to Administer Does Not Extend to Appointing Ineligible Candidates Under Maharashtra Universities Act, 1994....

The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hindustan Education Society, a minority institution, ...

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Bombay High Court Allows Petition of Nominated Councillor Challenging Disqualification Under Section 10(1E) of Maharashtra Municipal Corporation Act, 1949. Nominated Councillor Not Subject to Disqualification for Failure to Submit Election Expenses as They Do Not Contest Elections....

The case involves a reference made by a learned Single Judge of the Bombay High Court to a Division Bench to resolve a conflict regarding the applicability of disqualification under Section 10(1E) of ...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry Correction Under Maharashtra Land Revenue Code, 1966. Petitioners' challenge to correction of revenue records fails as they were not parties to the original proceeding and no notice was required under Section 9 of the Code....

The petitioners, 40 individuals, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging the order dated 22.02.2022 passed by the S...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher — Resignation Withdrawal Before Acceptance Valid. Oral Termination of Teacher Set Aside as Management Failed to Prove Acceptance of Resignation Before Withdrawal Under Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioners, Uktranti Mandal and Vasantrao Naik High School, challenged the judgment and order dated 25/01/2019 passed by the School Tribunal, Amravati, which set aside the oral termination of res...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Plaint Cannot Be Rejected After Framing of Issues. Suit for Specific Performance Under MOFA Not Barred by Limitation as Limitation is a Mixed Question of Law and Fact....

The appellant, Mrs. Sicily Varghese Kadamthottu, filed a suit for specific performance against the respondents, who were promoters under the Maharashtra Ownership of Flats (Regulation of the Promotion...

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Bombay High Court Admits Second Appeal in RERA Refund Case on Substantial Questions of Law Regarding Consent for Extension of Possession Date and Application of Section 62 of Indian Contract Act. The appeal challenges the Appellate Tribunal's order upholding refund under Section 18 RERA, raising issues of novation of contract and consent of allottees....

The present appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA) by Jayesh Tanna, Director of ITMC Developer Pvt. Ltd., against Radha Arakkal and others. T...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Possession Under Section 6 Specific Relief Act — Suit Filed Beyond Limitation of Six Months. Order 7 Rule 11 CPC Application Allowed as Plaint on Face Value Showed Suit Was Time-Barred....

The petitioners, Shri Anandraj S/o Khemraj Dhariwal and Smt. Santoshidevi wd/o Khemraj Dhariwal, filed a suit for restoration of possession under Section 6 of the Specific Relief Act, 1963, in the Cou...

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Bombay High Court Allows Convict's Petition Against Cancellation of Emergency Parole Due to Substitution of Rule 19. Cancellation Order Set Aside as State's Affidavit Revealed Rule 19 Was Substituted After the Impugned Order....

The petitioner, Sachin @ Anna Daniel Gabrel, a life convict for offences under Sections 302, 149, 148, and 143 of the Indian Penal Code, was undergoing imprisonment at Nagpur Central Prison. He was gr...