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Bombay High Court Quashes Conviction Under Section 174A IPC for Non-Appearance After Proclamation — Offence Not Applicable to Proceedings Prior to 2006 Amendment. Section 174A IPC is prospective and cannot apply to proclamations issued under Section 82 CrPC before its commencement on 23.6.2006.

The petitioner, Ishrat Hussain, was prosecuted in RCC No. 649/2008 for an offence under Section 174A of the Indian Penal Code (IPC). The allegation wa...

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Bombay High Court Dismisses Appeal Against Rejection of Injunction in MMRDA Demolition Dispute. Appellant Failed to Establish Prima Facie Case for Interim Relief Against Demolition Orders Under MMRDA Act.

The appellant, Prakash Harishchandra Muranjan, filed a suit in the City Civil Court, Greater Mumbai, challenging twenty-seven orders/letters dated 13....

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Bombay High Court Allows Petition Against 50% TDR Curtailment for Surrendered Land Under MRTP Act. Held that Development Control Regulations cannot override statutory entitlement under Section 126 of the MRTP Act, 1966.

The petitioners, M/s. Aswani Associates and Shri Sandeep Rasiklal Shah, filed a writ petition challenging an order dated 17 October 2017 passed by the...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award directing payment of consideration for shares, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an a...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers Over Common Way and Drainage. Consent Deed Interpretation Upheld; Underground Drainage Held Likely to Cause Nuisance.

The dispute in this second appeal arose between three brothers, Satyanarayan (appellant), Shankarrao, and Tryambak (respondents), over ancestral prope...

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Bombay High Court Quashes Process Against Accused in Cheque Dishonour Case for Lack of Vicarious Liability. Applicant not a Director or signatory to cheque, and complaint lacked specific averments of being in charge of company affairs under Section 141 of Negotiable Instruments Act, 1881.

The applicant, Prakash Koranne, was original accused no. 3 in a complaint filed by Sarvesh Kotwal (non-applicant no. 1) under Section 138 read with Se...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...