Bombay High Court

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Bombay High Court Allows Medium Enterprise to Invoke MSMED Act Arbitration as Supplier of Small Enterprise Goods. The court held that a Medium Enterprise can invoke Section 18 of the MSMED Act, 2006 if it supplies goods manufactured by a small enterprise, relying on the definition of 'supplier' under Section 2(n)(iii)....

The petitioner, M/s. Metaforge Engineering (I) P. Ltd., a company registered under the Companies Act and classified as a Medium Enterprise, filed an application under Section 18 of the Micro, Small an...

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Bombay High Court Quashes FIR Against Advocate in RTI Dispute — No Offence Under Sections 353, 323, 504, 506 IPC Made Out. Allegations of Obstruction of Public Servant Fail as Informant Not Discharging Public Duty at Time of Incident....

The applicant, a practicing advocate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 120/2019 registered at Deoni Police Station, La...

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Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and confers a right to bail if trial is not concluded within 60 days from first date of evidence, and the accused is not responsible for the delay....

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered for offences under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, involvin...

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Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and once the statutory period expires without trial conclusion and accused not at fault, bail must be granted....

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections 420, 465, 467, 468, 471 read with Section 34 of th...

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Bombay High Court Quashes Recovery Order Against Sarpanch in MGNREGA Case for Violation of Natural Justice. Failure to Supply Enquiry Report and Lack of Specific Charges in Show Cause Notice Renders Proceedings Void Under Article 226 of Constitution....

The petitioner, Atul Prakashrao Deshmukh, was elected Sarpanch of Village Parsoda, Yavatmal, from 2015 to 2021. During his tenure, a scheme under the Mahatma Gandhi National Rural Employment Guarantee...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Circumstantial Evidence. Conviction under Sections 302 and 201 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances....

The appellant, Shankar @ Bhagirath Bachaku Zha, was convicted by the Additional Sessions Judge, Raigad-Alibag for the murder of his brother-in-law, Deepak Yadav, under Section 302 IPC and for causing ...

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Bombay High Court Allows Writ Petition by Banks Against Additional District Magistrate's Order Disposing Section 14 SARFAESI Application Without Taking Possession. The Court Held That the Magistrate's Role Under Section 14 Is Ministerial and Cannot Adjudicate on the Validity of the Underlying Debt or Security Interest....

The petitioners, authorized officers of four financial institutions (IDBI Bank, Axis Bank, Bank of Baroda, and CFM Asset Reconstruction Pvt. Ltd.), had advanced loans aggregating approximately Rs. 141...

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Bombay High Court Allows Petitions Challenging Demolition of Structures Under MHADA Act — Held That Occupants in Possession Prior to Cut-Off Date Are Entitled to Rehabilitation and Cannot Be Evicted Without Following Due Process Under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971....

The judgment pertains to a group of writ petitions filed by occupants of structures in slum areas in Mumbai, challenging the demolition of their dwellings by the Municipal Corporation of Greater Mumba...

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Bombay High Court Quashes Income Tax Order Under Section 281 for Lack of Notice to Transferee. Transfer of Property by Assessee Held Not Void Against Bona Fide Purchaser Without Notice of Pending Proceedings....

The petitioner, Nitin Nagarkar, purchased a land and farm house at village Bawdhan, Pune, vide a deed of conveyance dated 5th August 1997 from vendors including K. K. Mistri. After about ten years, on...