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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

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Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Acquits Talathi in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

The appellant, Vikas Baburao Marathe, a Talathi (revenue officer), was convicted by the Special Judge, Jalgaon, for offences under Sections 7 and 13(1...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

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Bombay High Court Quashes Notification Extending Administrator's Term for Municipal Council — Election Must Be Held Within Three Months. Failure to Conduct Elections Within Stipulated Period Violates Section 47 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioners, residents of Satara Deolai Municipal Council area, challenged a notification dated 30th June 2015 issued by the State Government exte...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

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Bombay High Court Dismisses Election Petition Challenging Municipal Election Result Due to Minor Name Discrepancy. Variation in Name Between Electoral Roll and Nomination Form Does Not Constitute Corrupt Practice Under Section 33 of Mumbai Municipal Corporation Act, 1888.

The petitioner, Ansari Sana Masood, filed a writ petition challenging the judgment of the Small Cause Court, Mumbai, which dismissed her election peti...

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Bombay High Court Dismisses Election Petition Challenging Municipal Election Result Due to Minor Name Discrepancy. Variation in candidate's name between electoral roll and nomination form does not constitute corrupt practice under Section 33 of Mumbai Municipal Corporation Act, 1888.

The petitioner, Ansari Sana Masood, filed a writ petition challenging the judgment and order of the Small Cause Court, Mumbai, which dismissed her ele...