Bombay High Court

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Bombay High Court Dismisses Appeal Against Arbitral Award in NSE Futures and Options Dispute — Appellant Failed to Prove Unauthorised Trading. Court upheld arbitrator's finding that appellant, a commerce graduate with market experience, was aware of F&O transactions and liable for dues under NSE Bye-laws....

The appellant, Rashmi Aditya Gupta, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of a Single Judge dismissing her petition under Section 34 of the A...

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Bombay High Court Quashes Conversion of Open Space to Commercial Plot by MIDC — Violation of Public Trust and Statutory Procedure. Allotment of Reserved Open Space Without Following Section 14 of MIDC Act and Without Public Auction is Illegal....

The petitioners, residents of Waluj Industrial Area, Aurangabad, and one of them being an industrial unit holder, challenged the action of the Maharashtra Industrial Development Corporation (MIDC) in ...

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Bombay High Court Allows Father's Appeal in Child Custody Case, Sets Aside Order Granting Permanent Custody to Mother. The Court held that the welfare of the minor child is paramount and that the father, being a teacher, can provide proper care and education, while the mother's allegations of neglect were not substantiated....

The case involves a custody dispute between Ravindra Prakash Kharat (appellant/father) and Kalpana Ravindra Kharat (respondent/mother) over their minor son Kartik, aged 2.5 years. The parties married ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 4 of POCSO Act and Section 376(2)(i) IPC set aside as prosecution failed to establish victim was a child below 18 years....

The appellant, Mahesh S/o Kundlik Dhavare, was convicted by the Special Judge, Osmanabad in Special (POCSO) Case No.26 of 2015 for offences under Section 3 punishable under Section 4 of the Protection...

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Bombay High Court Dismisses Quashing Petition in Domestic Violence Case — Shared Household Requirement Not Limited to Living with In-Laws. Allegations of Mental and Physical Harassment Sufficient to Maintain Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005....

The applicants, Vishal Thakre (husband), his father Bhaskarrao Thakre, and mother Pushpa Thakre, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bomba...

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Bombay High Court Allows Management to Resume Control After Expiry of Takeover Period Under Maharashtra Educational Institutions (Management) Act, 1976 — Administrator Cannot Continue Beyond Two Years Without Fresh Order...

The petitioner-Society, which runs an educational institution, challenged an order of the appellate authority under the Maharashtra Educational Institutions (Management) Act, 1976. The Director of Edu...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members....

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri Sankalp Co-operative Housing Society Ltd. and its ...

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Bombay High Court Allows Writ Petition Challenging Appointment of Administrator Under Section 77A of MCS Act — Holds That Section 77A(1-b) Notice Must Precede Appointment and That Administrator Cannot Be Appointed Without Giving Society an Opportunity to Explain...

The Petitioner, Jayprakash Sahakari Griha Rachana Sanstha, a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960, filed a writ petition challenging the appoi...

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High Court of Bombay Dismisses Revenue's Challenge to Refund Order in Favor of Vodafone Idea Limited Due to Alternative Remedy and Delay. The court held that the Revenue's writ petition was not maintainable as an alternative remedy of revision under Section 35A of the Central Excise Act, 1944 was available, and the petition was barred by delay and laches....

The case involves two writ petitions: one filed by Vodafone Idea Limited seeking implementation of a refund order, and another filed by the Revenue challenging the same order. The Revenue's petition w...