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Bombay High Court Allows Transfer of Maintenance Petition from Family Court Aurangabad to Family Court Mumbai under Section 482 CrPC - Wife's Convenience and Child's Education Considered. The court held that transfer is warranted to avoid hardship to the wife and to ensure proper education of the child.

The applicant, Sow. Rutuja @ Mitrali w/o Mahesh Desai, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Demand for Dowry Soon Before Death. Conviction under Section 304B IPC Set Aside as Prosecution Failed to Establish Proximate Link Between Demand and Death.

The appellant, Santosh Bhaskar Derle, was convicted by the Additional Sessions Judge, Niphad, for offences under Sections 304B, 498A, and 323 of the I...

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Bombay High Court Quashes Land Acquisition Under Slum Act for Non-Compliance with Section 14(1) — Acquisition of Petitioner's Land by Deputy Collector Set Aside for Failure to Follow Mandatory Procedure Under Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The petitioner, NESCO Limited, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of its land bearing CT...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Dismisses Petition Challenging Transmission Line Over Private Land, Upholds Validity of Section 164 of Electricity Act, 2003. The Court Held That the Provisions for Laying Electricity Lines Without Prior Consent Are Constitutional as They Provide for Hearing and Compensation.

The petitioners, Jarnail Singh and Surinder Singh, are owners of land in Nagpur over which respondent No.1, Maharashtra State Electricity Transmission...