Bombay High Court

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Bombay High Court Allows Arbitration Petition and Application, Appoints Sole Arbitrator in Development Agreement Dispute. Court holds that disputes regarding termination of a development agreement and recovery of possession are arbitrable, and that the arbitration clause survives termination of the agreement....

The petitioner, Westin Sankalp Developers, a registered partnership firm, entered into a Development Agreement dated 30th April 2012 with the respondents, Ajay Sikandar Rana, Richard Peter Denis Govea...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Improper Verification of In-Camera Statements. Failure to Record Subjective Satisfaction on Truthfulness of Secret Witnesses Renders Detention Invalid Under Section 3 of MPDA Act....

The petitioner, Pravin Ganpat Kakad, challenged an order of detention dated 21.08.2020 passed by the Commissioner of Police, Nashik City under Section 3 of the Maharashtra Prevention of Dangerous Acti...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Disposal of Representation. Right to Make Representation Under Article 22(5) of Constitution Infringed by Delayed Consideration of Detenue's Representation....

The petitioner, sister of the detenue Illiyas Gulab Shaikh, filed a writ petition challenging the detention order dated 22.06.2020 passed by the Commissioner of Police, Nashik City under the Maharasht...

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Bombay High Court Dismisses Petition Challenging Cooperative Bank Elections Due to Availability of Alternative Remedy. Writ Petition Under Article 226 Held Not Maintainable as Election Process Had Commenced and Remedy Under Section 152 of Maharashtra Cooperative Societies Act, 1960 Was Available....

The petitioners, nineteen individuals who are members of the Nashik District Central Cooperative Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the electio...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Sub-Divisional Magistrate's externment order set aside for non-application of mind and lack of material to show that externment was the only remedy under Section 56(a) and (b) of the Maharashtra Police Act, 1951....

The petitioner, Deepak Vasant Gahane, challenged an externment order passed by the Sub-Divisional Magistrate, Arjuni Morgaon, dated 11.01.2021, which was confirmed by the Divisional Commissioner, Nagp...

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Bombay High Court at Goa Allows Writ Petitions Challenging Property Tax Reassessment by Municipal Council. Held that the Municipal Council lacked jurisdiction to reassess property tax without prior notice and hearing, violating principles of natural justice under the Goa Municipalities Act, 1968....

The case involves a batch of writ petitions filed by residents of Curchorem, Goa, challenging the reassessment of property tax by the Curchorem-Cacora Municipal Council. The petitioners, including San...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Allegation of Sexual Assault Fails as Prosecutrix's Testimony is Unreliable and Medical Evidence Does Not Support Penetration Under Section 376 IPC and Section 4 of POCSO Act....

The appellant, Vishakha Fadte, was convicted by the trial court for offences under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly ...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Upholds Concurrent Findings for Specific Performance. Concurrent findings of fact under Section 100 of Code of Civil Procedure, 1908 cannot be interfered with in second appeal as no substantial question of law arose....

The appellants, as plaintiffs, instituted Special Civil Suit No.72 of 2014 seeking possession of suit lands. They claimed that vide two agreements dated 19th April 2001 and 7th December 2001, they had...

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Bombay High Court Allows Second Appeal in Partition Suit — Daughter's Claim to Mother's Share Not Barred by Limitation or Res Judicata. Daughter Sakhubai's suit for partition of her mother Radhabai's share in ancestral property held maintainable despite earlier partition suit between other family members to which she was not a party....

The case pertains to a partition suit filed by Sakhubai Jagu Bodare (since deceased, represented by her legal representatives) against the appellants (defendant nos. 8 to 11) and other respondents. Th...

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Bombay High Court Habeas Corpus Petition by Claimed Adoptive Parents Seeking Custody of Minor Child. Court Examines Whether Adoption Deed is Valid Under Hindu Adoption and Maintenance Act, 1956 and Whether Child is in Need of Care and Protection Under Juvenile Justice Act, 2015....

The petition was filed by a married couple claiming to have adopted a girl-child from her biological mother, who had expressed unwillingness to care for the child. After the birth on 08/01/2019, the b...