Bombay High Court

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord....

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019 is the Original Defendant No.1 (Sanjay Mishrimal ...

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Bombay High Court Allows Lapse of Reservation Under Section 127 of MRTP Act for Land Reserved for Garden Since 1976 — Award Under Section 23 of RFCTLARR Act 2013 Quashed as Acquisition Not Completed Within Statutory Period...

The petitioners, owners of land in Kankavali, challenged the reservation of their land for a garden under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) since 1976. They sought a decl...

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Bombay High Court Dismisses Petition Challenging Rule M-3 of DCPR for Satara Region as Ultra Vires. Rule requiring 12m wide access road for plot subdivision is a valid development control regulation under MRTP Act, 1966 and does not amount to uncompensated acquisition....

The petitioners, Suhas Shridhar Shahane and Subhash Kondiram Sawant, landowners in Satara, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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Bombay High Court Dismisses Management's Petition Challenging State's Prescription of Selection Committee for Ayurved College Recruitment. The Court Held that the Maharashtra University of Health Sciences Act, 1998 Empowers State to Determine Composition of Selection Committee in Aided Colleges, and Petition Failed for Non‑Challenge to Statutory Instruments....

The writ petition was filed by six Ayurved colleges and their managements challenging a letter dated 6 June 2017 and an order dated 18 August 2017 issued by the State of Maharashtra, which allegedly i...

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Bombay High Court Quashes FIR Against Applicant in Construction Death Case Due to Lack of Criminal Negligence. Court holds that mere failure to obtain permission from Electricity Board does not constitute culpable homicide under Section 304 IPC without proof of gross negligence or knowledge of likelihood of death....

The applicant, Priya Javrani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 448/2019 registered at Police Station Gadge Nagar, Amr...

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Bombay High Court Hears Suit by Trustees of Public Charitable Trust for Declaration of Ownership of Suit Properties Under Maharashtra Public Trusts Act, 1950. Defendant's Probate-Based Claim to Trust Properties and Alleged Trespass Prompted Suit for Declaration and Permanent Injunction....

The dispute arose between the trustees of the Banaji Limji Agiary Trust, a public charitable trust registered under the Maharashtra Public Trusts Act, 1950, and an occupant/claimant over ownership of ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud....

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter of Award dated 21st November 2016. As part of the...

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Bombay High Court Upholds Conviction of Rickshaw Driver for Murder of Police Constable by Setting Him on Fire. Appellant's act of pouring petrol and setting deceased on fire after being issued a traffic challan constitutes murder under Section 302 IPC....

The appellant, Mahendra Kumar @ Lala Duvari Kewat, was a rickshaw driver. On 27.10.2010 at about 7.00 p.m., the deceased Police Hawaldar Anil Aitewadekar, who was on traffic duty, issued a challan to ...