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Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Misappropriation Case — Dispute Held to be of Civil Nature. The court held that when police after inquiry conclude a dispute is civil, a writ of mandamus cannot compel FIR registration; remedy lies under Section 156(3) CrPC.

The petitioner, Narendra Nagindas Rathod, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court s...

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Bombay High Court Dismisses Review Application by Vidarbha Cricket Association in Pension Dispute. Writ Petition Maintainable Against Society Performing Public Functions Under Article 226 of Constitution of India.

The judgment concerns a Miscellaneous Civil Application filed by Vidarbha Cricket Association (VCA) seeking recall/review of an order dated 09.08.2012...

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Bombay High Court Allows Custody of Victim to Believed Mother in Immoral Traffic Case — Emphasizes Victim's Welfare and Consent. Section 17(4) of Immoral Traffic (Prevention) Act, 1956 requires court to consider victim's wishes and suitability of guardian before ordering corrective institution.

The petitioner, Asiya Anwar Shaikh, filed a writ petition challenging the order of the Additional Sessions Judge, Pandharpur, which confirmed the orde...

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Bombay High Court Quashes Pre-deposit Condition in NI Act Appeal for Lack of Reasons. Section 148 NI Act Order Set Aside as Arbitrary, Directs Reconsideration Without Pre-deposit.

The petitioner, Nurallah Kamruddin Veljee, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Trial Court and sentenced to...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...