Bombay High Court

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Bombay High Court Disposes of Writ Petition Challenging Demolition Under Bombay Municipal Corporation Act, 1888 After Reconstruction. Court Holds Grievance Rendered Academic by Interim Reconstruction and Directs Consideration of Regularization Under the Act....

The petitioner, a lessee of a structure in Dharavi, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging a show-cause notice and demolition order issued under Secti...

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Bombay High Court Allows Father's Interim Custody and Restrains Mother from Taking Minor Child Abroad in Custody Dispute. Court holds that welfare of child is paramount and interim custody can be granted to father pending final determination, especially when mother's conduct raises concerns about child's well-being and risk of removal from jurisdiction....

The case involves a custody dispute between Dharmesh Vasantrai Shah (Petitioner/father) and Renuka Prakash Tiwari (Respondent/mother) over their minor son Master Omiraj Shah, born on 11 December 2012....

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Bombay High Court Allows Section 11 Petition for Appointment of Sole Arbitrator in Software Distribution Dispute — Pre-Arbitration Amicable Resolution Clause Held Directory. Clause 17 of the Software Distribution Agreement dated 2nd April 2011 provides for arbitration; court appoints sole arbitrator despite non-compliance with 30-day discussion period....

The petitioner, Quick Heal Technologies Limited, filed an Arbitration Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to resolve di...

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Bombay High Court Allows Emergency Parole to Convict Under Amended Prison Rules During COVID-19 Epidemic. Convict Sentenced to Five Years Entitled to Favorable Consideration for Emergency Parole Under Rule 19(1)(C) of Prisons (Bombay Furlough and Parole) Rules, 1959....

The petitioner, Mukesh s/o Ramshankar Shivhare, a convict serving rigorous imprisonment of five years in Central Prison, Nagpur, filed a Criminal Writ Petition seeking emergency parole under the amend...

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High Court of Bombay at Goa Dismisses Revision Applications Against Rejection of Plaint Dismissal in Money Suit. Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Law....

The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order dated 14th October 2015 passed by the learned Civil Ju...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Lodging House Dispute — Confirms Tenant's Subletting and Unauthorized Construction as Grounds for Eviction Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The present petition under Article 227 of the Constitution of India challenges the judgment and order dated 21st November 1998 passed in Appeal No. 450 of 1995 by the Appellate Bench of the Court of S...

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Bombay High Court Allows Notice of Motion to Set Aside Consent Decree in Co-operative Society Dispute; Finds Fraud and Lack of Authority. Consent Decree Vitiated by Dual Representation of Husband-Wife and Absence of Society's Authorization Under Maharashtra Co-operative Societies Act, 1960....

This notice of motion sought to set aside a consent decree dated 19 April 1993 and all subsequent amendments and the conveyance executed in pursuance thereof in Short Cause Suit No. 469 of 1978. The d...

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Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement....

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 for construction of tunnels. The contract contained ...

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Full Bench of Bombay High Court Examines Fee Reimbursement Scheme Restriction for Minority Institution Students. Court Tasked with Resolving Conflicting Precedents on Whether Limiting Reimbursement to CAP-Admitted Students Is Discriminatory....

The case concerned a challenge to a Government Resolution (GR) dated 27.02.2013 issued by the State of Maharashtra, which restricted fee reimbursement benefits for Scheduled Caste (SC), Scheduled Trib...

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Bombay High Court Convicts Police Officers for Contempt of Court in Suo Motu Proceedings for Assaulting and Causing Death of a Person in Custody, Directs Compensation to Victim's Family. The court held that custodial violence amounts to criminal contempt and ordered imprisonment and fine for the officers, with compensation to the victim's family....

The Bombay High Court, Bench at Aurangabad, took suo motu cognizance of a criminal contempt petition based on a news report regarding the death of Shaikh Mohammad Shaikh Rustum due to alleged police a...