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Bombay High Court Dismisses Contempt Petition for Alleged Breach of Consent Terms in Civil Suit — No Willful Disobedience Established as Execution Proceedings Already Initiated

The petitioner, Amrish Arora, who was original defendant No.2 in Short Cause Suit Nos.272/2008 and 273/2008 filed in the City Civil Court, Mumbai, fil...

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Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...

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Bombay High Court Dismisses Contempt Petition Against Appellate Authority Under RTI Act. First Appellate Authority under Right to Information Act, 2005 is not a 'Court' within the meaning of Section 2(b) of the Contempt of Courts Act, 1971.

The Petitioner filed a contempt petition alleging breach of an order dated 29th May 2007 passed by the First Appellate Authority and Deputy Commission...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Partially Allows Appeal in Lease Dispute, Directs Deposit of Mesne Profits at Agreed Rate. Tenant at sufferance liable to pay mesne profits at market rate from date of termination of tenancy under Order 39 Rule 10 CPC.

The appellants, original plaintiffs, claimed ownership of suit premises and alleged that the respondent-defendant was a tenant at will under an unregi...

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Bombay High Court Quashes Industrial Court Order in Unfair Labour Practice Case — Agreement Not Proved. Non-recognized union cannot enforce alleged agreement; burden of proof on complainant to establish agreement and unfair labour practice under MRTU & PULP Act.

The Thane Municipal Corporation and its officers filed a writ petition challenging an order of the Industrial Court, Thane, dated 4 November 2011, whi...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim Due to Denial of Opportunity of Hearing. Remands Matter to Tribunal for Determination of Breach of Insurance Policy Terms.

The appellant, Swayambhu Construction Pvt. Ltd., filed a first appeal against the judgment and award of the Motor Accident Claims Tribunal, Bhandara, ...