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Bombay High Court Quashes Ex Parte Order Restraining Husband from Entering His Own Residence in Domestic Violence Case. Order Passed Without Notice Violates Principles of Natural Justice Under Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Siddharth Sabharwal, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

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Bombay High Court Dismisses Writ Petition Against Termination by District Central Cooperative Bank, Holding It Not a State Under Article 12. Cooperative Bank Employee's Challenge to Dismissal Fails as DCC Bank Is Not an Instrumentality of the State and No Violation of Natural Justice Established.

The petitioner, Kiran Rangnath Kale, was employed as a Manager at the Beed District Central Cooperative Bank (respondent No. 3). He was initially appo...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Dismisses Petition Challenging Voters' List in Cooperative Society Election Due to Lack of Locus Standi. Petitioners' names were included in the final voters' list, thus they had no standing to challenge deletion of other members.

The petitioners, Babasaheb Bapusaheb Patil and others, filed a writ petition challenging the final voters' list published on 20 January 2015 by respon...

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Bombay High Court Dismisses State's Petition Challenging Labour Court's Reinstatement Order in Industrial Dispute. Termination of Employee Quashed for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947, as Employer Failed to Produce Muster Rolls to Disprove 240 Days Service.

The State of Maharashtra, through the Executive Engineer, Ahmednagar Irrigation Division, filed a writ petition challenging the judgment and award dat...

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Bombay High Court Dismisses Employer's Writ Petitions Challenging Rejection of Intervention in Industrial Dispute. Petitioners Not Necessary Parties Under Bombay Industrial Relations Act, 1946.

The case involves two writ petitions filed by Empress Mills, a unit of Maharashtra State Textile Corporation Limited, challenging orders passed in B.I...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Nomination in Cooperative Society Election. Candidate Must Be Member of Specified Society Under Section 73G of Maharashtra Cooperative Societies Act, 1960.

The petitioners, Vinod Krushnaraoji Wankhede and another, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging th...