Bombay High Court

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Bombay High Court Allows Writ Petition Challenging E-Auction for Sand Excavation Without Prior Environmental Clearance. Mandatory Environmental Clearance Under Environment Impact Assessment Notification, 2006 Must Be Obtained Before Issuing E-Auction Notices for Sand Mining....

The petitioner, M/s Jai Gajanan Shri Gajanan Building Material Suppliers, a proprietorship firm engaged in the business of excavation and transportation of sand, challenged e-auction notices issued by...

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Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101....

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbells Labs (respondent no. 3). The bank obtained a r...

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Bombay High Court Dismisses Election Petition for Non-Compliance with Section 81(3) of Representation of the People Act, 1951 — Failure to Furnish True Copies of Documents Renders Petition Invalid. The court held that the requirement of furnishing true copies is mandatory and non-compliance leads to dismissal under Section 86(1) of the Act....

The judgment pertains to an election petition filed by Khan Mohammed Arif Lallan alias Mohammed Arif (Naseem) Khan challenging the election of Dilip Bhausaheb Lande from the 168 Chandivali Assembly Co...

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Bombay High Court Dismisses Writ Petition Challenging Money Decree in Summary Suit — Allegation of Fraud Based on Non-Production of Sanctioned Plan Not Entertained. Supervisory Jurisdiction Under Article 227 Not Exercised as Grievances Were Already Considered and Rejected by Executing Court....

The petitioners, Yadav Consultancy Services Pvt. Ltd. and its Managing Director, were defendants in Special Summary Suit No.18 of 2009 filed by M/s J.D. Gandhi Constructions for recovery of money. The...

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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC....

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawar (since deceased, through his legal representativ...

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Bombay High Court Allows Appeal of Labourer with Amputated Leg in Employees Compensation Case — Loss of Earning Capacity Assessed at 100% Despite 75% Physical Disability. Amputation of Leg for Manual Labourer Constitutes Total Loss of Earning Capacity Under Section 4 and Schedule I of Employees' Compensation Act, 1923....

The appellant, Ashok Raybhan Kashide, was a labourer working on a tempo owned by respondent No. 1. On 04.04.2012, while unloading granite sheets, a sheet fell on his right leg, causing a crush injury ...

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WRIT PETITION NO.4200 OF 2014...

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Bombay High Court Allows Liquidator's Challenge to Execution Proceedings, Dismisses Borrowers' Challenge to Recovery Certificate in Cooperative Society Dispute. The court held that the Civil Court has no jurisdiction to execute a recovery certificate under the Maharashtra Cooperative Societies Act, 1960, and the borrowers' remedy lies under Section 103 of the Act....

The judgment involves two writ petitions arising from the same background concerning a cooperative society, 'Aamdar Balasaheb Thorat' Nagari Sahakari Pat Sanstha Ltd. The first writ petition (No. 1417...

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Bombay High Court Acquits Appellants in Murder Case Due to Unlawful Assembly Not Proved and Doubtful Identification. The court held that the prosecution failed to prove common object under Section 149 IPC and identification of accused was unreliable, leading to acquittal....

The case involves an appeal by five appellants against their conviction by the Sessions Judge, Amravati, for offences including murder under Section 302 read with Section 149 IPC, voluntarily causing ...

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Bombay High Court Allows Petitioners' Challenge to Invalid Caste Certificates for Thakur-Scheduled Tribe. Scrutiny Committee's Rejection of Pre-Constitution Documents and Prior Family Precedents Was Unsustainable....

The Petitioners, Rushikesh Madhukar Chavan (a minor through his father) and Anita Sanjay Chavan, challenged orders dated 30.12.2020 and 18.11.2020 passed by the Scheduled Tribes Caste Certificate Scru...