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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

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Bombay High Court Allows Compounding Application in Customs Act Offense Despite Pending Criminal Prosecution. Petitioner's Fundamental Rights Protected by Directing Expeditious Consideration of Compounding Application Under Section 137(3) of Customs Act, 1962.

The petitioner, Imran Latif Shirgawkar, was arrested by the Directorate of Revenue Intelligence under Section 104 of the Customs Act, 1962, on allegat...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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High Court of Bombay at Goa Quashes FIR in Rash Driving Case Based on Compromise Between Parties. Offences Under Sections 279, 338, 504 IPC Held to Be Non-Serious and Compoundable with Court's Permission, Allowing Quashing in the Interest of Justice.

The petitioner, Padmanabh Rawal, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No....

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Bombay High Court Dismisses Petition of Slum Dweller for Profiteering from Slum Rehabilitation Tenement. Illegal Transfer and Commercial Use of Residential Premises Under Maharashtra Slum Areas Act, 1971 Upheld Eviction.

The petitioner, Rajendra R. Vishwakarma, was a slum dweller who received tenement no. 104 in 'A' wing of New Prabhat Cooperative Housing Society Ltd, ...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Quashes Penalty Order in Cable Operator Entertainment Duty Case — Compounding Provision Misused as Adjudication Mechanism. Section 9A of Bombay Entertainments Duty Act, 1923 cannot be invoked for determining duty and penalty without a proper adjudication under Section 7.

The petitioner, Vimal Balbhim Nangane, was a cable operator in Mumbai Suburban District. The Collector issued a notice on 15 January 2004 alleging tha...