Bombay High Court

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Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void....

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 27(1) of the Consumer Protection Act, 1986, for non...

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Bombay High Court Dismisses Management's Petition in Teacher Resignation Case. Resignation Held Not Voluntary and Withdrawal Before Acceptance Valid....

The case involves a writ petition filed by Dhanaji Naik Shikshan Prasarak Mandal and Ghamabai Madhyamik Niwasi Ashram School (the management) challenging the order of the School Tribunal, Nagpur, in A...

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Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order....

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the property was notionally divided into three plots: ...

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Bombay High Court Dismisses Union of India's Appeal in Railway Accident Compensation Case. Held that fall from train due to crowd and push is an 'untoward incident' under Section 124A of Railways Act, 1989, and railway is strictly liable....

The case involves an appeal by the Union of India against the judgment of the Railway Claims Tribunal dated 12th October 2006, which awarded compensation of Rs.4,00,000/- with interest at 6% per annum...

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Bombay High Court Dismisses Petition Seeking House Arrest for UAPA Accused — No Power to Order House Arrest Under Cr.P.C. or UAPA. The court held that house arrest is not a recognized form of detention under the Code of Criminal Procedure, 1973 or the Unlawful Activities (Prevention) Act, 1967, and the petitioner's remedy lies in seeking regular bail....

The petitioner, Gautam Navlakha, is an accused in NIA Special Case No.414/2020 along with 14 others for offences under various sections of the Indian Penal Code and the Unlawful Activities (Prevention...

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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case for Lack of Prima Facie Intent to Humiliate Based on Caste. The alleged insult was not shown to be on account of the victim's caste, and the incident arose from a personal dispute, not caste animus....

The appellant, Ramrao Kashinath Rathod, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act) against an order of ...

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Bombay High Court Allows Appeal Against Refusal of Injunction in MOFA Suit — Maintainability Against Non-Parties to Agreement Upheld. The court held that statutory obligations under MOFA can be enforced against promoters even if they are not parties to the agreement, and granted interim injunction restraining creation of third-party rights....

The appellants, who were plaintiffs in the suit, sought enforcement of statutory obligations under the Maharashtra Ownership Flats Act (MOFA) against the respondents. The suit property was a free-sale...

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Bombay High Court Allows Section 11 Arbitration Application Despite Pending Insolvency Petition Under IBC. Mere filing of a Section 7 IBC petition does not bar appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996....

The applicant, Jasani Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising from two l...

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Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act....

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of tender plots at Sanjgaon under Khalapur, Raigad Dis...