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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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High Court of Bombay Decides Appeals of Six Convicted Accused in Murder Conspiracy Case Under Sections 302, 120-B IPC and Arms Act. Accused, Convicted for Hiring Killers to Murder Political Rival, Challenge Trial Court's Reliance on Eye Witnesses and Circumstantial Evidence.

The case involves criminal appeals arising from Sessions Case No. 44/2011 decided by the Additional Sessions Judge, Ahmednagar. The appellants, origin...

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Bombay High Court Allows Notice of Motion to Set Aside Consent Decree in Co-operative Society Dispute; Finds Fraud and Lack of Authority. Consent Decree Vitiated by Dual Representation of Husband-Wife and Absence of Society's Authorization Under Maharashtra Co-operative Societies Act, 1960.

This notice of motion sought to set aside a consent decree dated 19 April 1993 and all subsequent amendments and the conveyance executed in pursuance ...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Custodial Death Case. Court holds that investigation by CB-CID is independent and fair, and no ground for transfer to CBI is made out.

The petitioner, Ramprasad Gupta, filed a criminal writ petition before the Bombay High Court seeking transfer of investigation into the custodial deat...

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Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings.

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...