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Bombay High Court Dismisses Appeal Against Full Predeposit of Penalty in FEMA Case — No Undue Hardship or Prima Facie Case Established. Appellant failed to demonstrate financial hardship or strong case on merits for waiver of predeposit under Section 19(1) of FEMA, 1999.

The Appellant, Rajkumar Shivhare, was proceeded against for violation of Section 3(c) of the Foreign Exchange Management Act, 1999 (FEMA) for allegedl...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Directs Strict Enforcement of Helmet Law in Public Interest Litigation. Court Emphasizes Compliance with Section 129 of Motor Vehicles Act, 1988 to Reduce Road Fatalities.

The petitioner, Free Legal Aid Cell (NGO), filed a Public Interest Litigation before the Bombay High Court seeking directions for strict enforcement o...

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Bombay High Court Dismisses Petition Challenging Substitution of Accused in Section 630 Companies Act Proceedings. Continuing Offence of Unauthorized Occupation Does Not Abate on Death of Original Accused; Legal Heir Can Be Substituted.

The case involves a criminal writ petition filed by Ms. Komal Manu Sahani challenging an order of the learned Magistrate allowing substitution of the ...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...

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Bombay High Court Dismisses Writ Petition Seeking Compassionate Appointment in Private Vocational School. The court held that the scheme of compassionate appointment does not apply to private institutions not governed by statutory rules or government instructions.

The petitioner, Smt. Mumtaz Yunus Mulani, filed a writ petition seeking a mandamus directing respondent Nos. 3 and 4 (Gramodyog Samiti and Head Master...

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Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Inconsistent Evidence and Lack of Independent Witnesses. Conviction under Section 376(2)(g) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal against the conviction of two appellants, Prafulla Vinayak Nage and Atul Shrikrishna Bhadake, under Section 376(2)(g) (...

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WRIT PETITION NO. 1562 2004 AND CONTEMPT PETITION NO.

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