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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...

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Bombay High Court Dismisses Appeal in Trade Secret Misappropriation Case — No Prima Facie Case for Injunction Against Nasal Spray NOXGUARD. Confidentiality Agreement Did Not Cover Information Allegedly Misused; Appellant Failed to Establish That Respondents Used Its Confidential Information.

The Appellant, SaNOtize Research and Development Corp., a Canadian corporation, filed a Commercial Appeal against an order dated 21st October 2021 dis...

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Bombay High Court Dismisses Petition Challenging Developer Selection in Slum Rehabilitation Scheme - Tenants of Municipal Corporation Held Ineligible to Vote. The court upheld the selection of developer by General Body Meeting, finding no procedural irregularity in service of notice or conduct of meeting.

The petitioners, claiming to be eligible slum dwellers, challenged the appointment of Respondent No.7 as developer for a Slum Rehabilitation Scheme on...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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Bombay High Court Dismisses Petition Challenging Rejection of Brand Rate Drawback Claims for Tea Exports. Confirms revocation of brand rate letters and recovery of drawback amounts with interest due to failure to prove actual duty payment.

The petitioners, Hindustan Lever Limited and its shareholder, filed a writ petition under Article 226 of the Constitution of India challenging an orde...

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Bombay High Court Issues Rule Nisi in Cyber Fraud Case Involving Unauthorized Withdrawals of Rs. 38.04 Lakh. Petitioner Claims Banks Breached RBI Guidelines on Internet Banking and Failed to Reverse Fraudulent Transactions.

The petitioner, a freelancer in business consultancy, maintained savings and current accounts with HDFC Bank since 2011 and 2016 respectively. On 14 J...