Bombay High Court

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Bombay High Court Allows Appeal by Housing Society Against Stay on Conveyance Certificate Under MOFA — Upholds Competent Authority's Order for Unilateral Execution of Conveyance Deed. The court held that the trial court failed to consider the statutory scheme of Section 11(4) of MOFA and the society's prima facie right to conveyance....

The appellant, Sukruti Apartment Co-operative Housing Society Ltd., was formed by flat purchasers of a building constructed by the promoter, Sukruti Builders, on a plot of land purchased in 1979. The ...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable....

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appellants and others) seeking partition and separate p...

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Bombay High Court Allows Second Appeal in Agreement to Sell Dispute — Rescission of Contract and Possession Granted. Appellant entitled to rescind agreement and recover possession as respondent failed to prove readiness and willingness to perform contract under Section 53A of Transfer of Property Act, 1882....

The appellant, Kishan Ghorpade, filed a suit for rescission of an agreement to sell dated 17.06.1978 and for possession of the suit property, claiming that the respondent, Shivaji Thombre, had failed ...

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Bombay High Court Allows Writ Petition Challenging Seed License Cancellation Without Proper Hearing. Natural Justice Violated as Show-Cause Notice and Personal Hearing Not Provided Before Cancellation Under Section 19 of Seeds Act, 1966....

The petitioner, Panchaganga Seeds Ltd., a company incorporated under the Companies Act, 1956, engaged in the business of seeds, held a license under the Seeds Act, 1966. The District Agriculture Offic...

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Bombay High Court Allows Writ Petition of Ex-Employee of WCL Challenging Reduction in Pay Scale Due to Medical Disability. Reduction from Category-IV to Category-I without considering alternative employment in same pay scale violates Clause 9.4.0 of NCWA-VI and principles of natural justice....

The petitioner, Gunwanta Govinda, was appointed as a Time Rated Category employee in Pipla Colliery of Western Coalfields Limited (WCL) on 16/02/1981. After promotions, he was appointed as Mechanical ...

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Bombay High Court Allows Stone Crusher Operators' Writ Petitions Challenging Requirement of E-Auction for Short Term Permits Under Maharashtra Minor Mineral Rules; Holds Rule 59 Permits Grant on Application Without Auction....

A batch of writ petitions was filed before the Nagpur Bench of the Bombay High Court by several stone crusher operators. They challenged the refusal of the Additional Collector, Buldhana, to grant sho...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC for throttling deceased set aside as prosecution witnesses turned hostile and circumstantial evidence insufficient....

The Appellant, Sameer Khan, was convicted by the Sessions Judge, Raigad at Alibag for the murder of Devi Deepak Sarkar @ Deepti Sameer Khan under Section 302 IPC and sentenced to life imprisonment. Th...

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Bombay High Court Hears Appeal Against Dismissal of Notice of Motion in MOFA-MMRDA Dispute. Flat Purchasers Claimed MOFA Rights on Land Owned by MMRDA and Leased to Developer, Which Respondents Disputed as Excluded Under MMRDA Act....

This appeal before the Bombay High Court arose from the dismissal of a Notice of Motion by a learned Single Judge in a suit concerning a plot of land at Amrut Nagar, Bandivali Village, Jogeshwari (Wes...

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High Court of Bombay Dismisses Writ Petition Challenging Tender Award in Favor of Respondent No.2 — No Arbitrariness Found in BARC's Decision to Award Horticultural Maintenance Contracts. The Court held that the evaluation of technical bids and the decision to award the contract were based on the tender conditions and were not arbitrary or mala fide....

The Petitioner, M/s. Raut Enterprises, a sole partnership firm, challenged the decision of Bhabha Atomic Research Centre (BARC) to award two horticultural maintenance tenders to Respondent No.2, Shree...

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Bombay High Court Allows Writ Petition for Non-Issuance of Posting Orders to Assistant Primary Teachers. Appointment orders without posting orders are incomplete and teachers are entitled to be posted....

The petitioners, seven individuals, were appointed as Assistant Primary Teachers by the Zilla Parishad, Pune. However, three of them received posting orders during the pendency of the petition, and th...