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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Upholds Life Conviction for Rape of Minor Under POCSO Act — Victim's Testimony Found Credible Despite Lack of Medical Evidence of Penetration. The court held that the sole testimony of the victim is sufficient to prove penetrative sexual assault under Section 4 of the Protection of Children from Sexual Offences Act, 2012, and absence of medical evidence does not discredit the prosecution.

24 Feb 2022

The appellant, Ramesh Tukaram Vavekar, was convicted by the Special Judge, Greater Bombay, in POCSO Special Case No.8 of 2016 for the offence punishab...

High Court

Bombay High Court Allows Section 11 Arbitration Application Despite Pending Insolvency Petition Under IBC. Mere filing of a Section 7 IBC petition does not bar appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

25 Apr 2022

The applicant, Jasani Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

High Court

Bombay High Court Dismisses Employees' Union's Claim for Priority Over Secured Creditor in Non-Functional Company. The court held that under the SARFAESI Act, the secured creditor's rights prevail over employees' dues when the company is not wound up, but directed sympathetic consideration of employees' claims.

30 Aug 2022

The writ petition was filed by Khandelwal Tube Mill Kamgar Sangh, a registered trade union representing employees of Khandelwal Tube Mill (the Company...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

23 Feb 2021

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Condonation of Delay Application in Suit Abatement Case. The court upheld the concurrent findings that the delay of 7 years in seeking to set aside abatement was not sufficiently explained and the application was rightly dismissed.

6 Apr 2021

The petitioner, Govind Jagalpure, challenged the judgment and order dated 21 November 2017 passed by the learned District Judge-1, Udgir, in Misc. Civ...

High Court

Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right.

7 May 2021

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of In...

High Court

Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.

30 Jul 2021

The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...

High Court

Bombay High Court Allows Amendment of Plaint and Grants Temporary Injunction in Property Dispute — Concurrent Orders of Courts Below Set Aside. Amendment Sought to Correct Description of Suit Property Held to Be Necessary for Effective Adjudication, and Prima Facie Case, Balance of Convenience, and Irreparable Injury Found in Favour of Plaintiff.

22 Jul 2021

The petitioner, M/s. Vaishnavi Sai Shri Mahalaxmi Jagdamba Shikshan Sanstha, filed two writ petitions challenging concurrent orders of the Small Cause...

High Court

Bombay High Court Strikes Down LIC Circular Imposing Assignment Charge on Finance Organizations as Ultra Vires Section 38 of Insurance Act, 1938. The court held that LIC cannot impose a charge on assignments of life insurance policies in favor of finance companies as it amounts to a restriction on the statutory right of assignment under Section 38.

19 May 2010

The petitioners, Dravya Finance Pvt. Ltd. (a Non-Banking Finance Company) and its director Hasmukh Rawal, challenged a Circular dated 24.4.2006 issued...

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