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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Bombay High Court Allows Writ Petition Challenging Detention of Betelnut Imports Under Customs Act. Goods classified as 'Menthol Scented Sweet Supari' held not liable to detention for want of valid import license under the Plant Quarantine Order, 2003.

The petitioner, Neena Uppal, a sole proprietress of M/s Neena Enterprises, imported betelnuts (Menthol Scented Sweet Supari) and filed bills of entry ...

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Bombay High Court Quashes Section 138 NI Act Complaint Against Directors Due to Lack of Specific Averments of Vicarious Liability. Complaint against directors quashed as complaint lacked specific allegations of their role in company's conduct.

The applicants, K & K Foundry Pvt. Ltd. and its two directors, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking ...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Dismisses Writ Petitions Challenging University's Refusal to Grant Affiliation to B.Ed Colleges. University's decision upheld as per statutory provisions and government policy regarding intake capacity and infrastructure deficiencies.

The petitioners, Gurukul Bahuuddeshiya Sevabhavi Pratishthan and Rajarshi Shahu Shikshan Prasarak Mandal, filed writ petitions challenging the decisio...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind — Reopening Based on Borrowed Satisfaction from Investigation Wing Held Invalid

The petitioner, Chhagan Chandrakant Bhujbal, challenged a notice dated 31 March 2019 issued under Section 148 of the Income Tax Act, 1961, for the ass...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Power of Review Under Arbitration Act. Review petition against judgment setting aside arbitral award dismissed as Arbitration Act is a self-contained code with no review provision, and Section 5 limits judicial intervention.

The review petitioner, Kalpataru Power Transmission Ltd., sought recall of the judgment dated 8 November 2019 in Commercial Arbitration Petition No. 3...