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Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Drastic Measures and Inadequate Material. Externment Order Set Aside as Authorities Did Not Apply Mind to Alternative Remedies Under Section 56 of the Maharashtra Police Act, 1951.

The petitioner, Mr. Akbar Jamil Khan, challenged an externment order dated 26/11/2020 passed by the Deputy Commissioner of Police, Zone-2, Mumbai, und...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind — Reopening Based on Borrowed Satisfaction from Investigation Wing Held Invalid

The petitioner, Chhagan Chandrakant Bhujbal, challenged a notice dated 31 March 2019 issued under Section 148 of the Income Tax Act, 1961, for the ass...

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Bombay High Court Dismisses Writ Petition Challenging Pre-deposit Order Under Section 35F of Central Excise Act, Citing Alternative Remedy of Appeal Under Section 35G. Pre-deposit order is an order passed in appeal and thus appealable; writ petition not maintainable.

The petitioner, M/s Indoworth India Ltd., a company incorporated under the Indian Companies Act, 1956, filed a writ petition before the Bombay High Co...

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Bombay High Court Dismisses State's Writ Petition Against Surplus Land Determination Tribunal Order for Lack of Alternative Remedy Exhaustion. Court holds that direct writ petition is not maintainable when statutory remedies under Section 45(2) of the Ceiling Act are available.

The State of Maharashtra filed a writ petition under Article 226 of the Constitution before the Bombay High Court, Aurangabad Bench, challenging the j...

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Bombay High Court Dismisses Petitions Challenging Consumer Forum Jurisdiction Over Cooperative Credit Societies. Members of Managing Committees Cannot Claim Immunity from Consumer Forum Orders as Cooperative Credit Societies Provide Services for Remuneration.

This group of writ petitions was filed by members of managing committees of cooperative credit societies challenging the jurisdiction of the District ...

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Bombay High Court Dismisses Petition Challenging SEBI Consent Guidelines Requiring Pendency of Proceedings. Requirement of pendency of court proceedings or adjudication for consent applications under SEBI Guidelines is not arbitrary and does not violate Article 14 of the Constitution.

The petitioners, Shilpa Stock Broker Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution challenging the validity of cl...

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High Court of Bombay at Goa Allows Appeal by Insurance Company in Motor Accident Claim — Policy Exclusion for Pillion Rider Upheld. Insurer Not Liable for Death of Pillion Rider on Scooter Not Covered Under Third Party Insurance Policy.

The case arises from a motor accident claim petition filed by the legal representatives of a deceased pillion rider. The deceased was riding as a pill...

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Bombay High Court Dismisses Petition Seeking Occupancy Certificate and Refund of Security Deposit in CIDCO Development Dispute. Court holds that the developer failed to comply with development control regulations and that the petition was not maintainable due to disputed facts and alternative remedies.

The petitioners, La'BuilDe Associates and its managing partner Bhagvanji Raiyani, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Allows Appeal of Retired Employee Against State's Challenge to Lok Nyayalaya Order. The Court held that the Lok Nyayalaya's order directing pensionary benefits was binding and the State could not bypass it by filing a writ petition without exhausting alternative remedies.

The appeal arises from a judgment of a Single Judge of the Bombay High Court allowing a writ petition filed by the State of Maharashtra and the Mahara...