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Bombay High Court

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Bombay High Court Directs Approval of Long-Serving Laboratory Assistant’s Appointment: "Procedural Lapses Attributable to Management Cannot Justify Termination After a Decade of Service"
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Bombay High Court Directs Approval of Long-Serving Laboratory Assistant’s Appointment: “Procedural Lapses Attributable to Management Cannot Justify Termination After a Decade of Service”

Court’s Decision The Bombay High Court quashed the order passed by Respondent No. 3 that rejected the approval of the petitioner’s appointment as a Laboratory Assistant. The court directed Respondent…
Posted by Rawlaw December 18, 2024
Bombay High Court Quashes Conspiracy Charges in Murder Case: "Mere Presence at the Scene and Vague Allegations Do Not Establish Prima Facie Evidence or Credible Nexus to Alleged Crime"
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Bombay High Court Quashes Conspiracy Charges in Murder Case: “Mere Presence at the Scene and Vague Allegations Do Not Establish Prima Facie Evidence or Credible Nexus to Alleged Crime”

Court’s Decision: The Bombay High Court set aside the order of the Additional Sessions Judge, Vasai, rejecting the discharge application of the Applicant (Accused No. 6). The court found no…
Posted by Rawlaw December 18, 2024
Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”
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Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”

Court’s Decision: The Bombay High Court ruled that appeals filed against orders in proceedings for the execution or enforcement of arbitral awards under Section 36 of the Arbitration and Conciliation…
Posted by Rawlaw December 14, 2024
Bombay High Court Affirms Doctrine of Res Judicata; Dismisses Appeals Challenging Execution of Arbitral Awards Under Section 36 of the Arbitration Act, Holding Execution Proceedings Are Not Governed by CPC or CCA
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Bombay High Court Affirms Doctrine of Res Judicata; Dismisses Appeals Challenging Execution of Arbitral Awards Under Section 36 of the Arbitration Act, Holding Execution Proceedings Are Not Governed by CPC or CCA

Court’s Decision: The Bombay High Court dismissed the appeals challenging orders in execution proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 (ACA). The court held that: Maintainability…
Posted by Rawlaw December 14, 2024
Bombay High Court Dismisses Appeal Over Fraudulent CENVAT Credit Claims of ₹5.63 Crore, Holds Reversal Cannot Rectify Fraudulent Modus Operandi and Extended Limitation Is Justified
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Bombay High Court Dismisses Appeal Over Fraudulent CENVAT Credit Claims of ₹5.63 Crore, Holds Reversal Cannot Rectify Fraudulent Modus Operandi and Extended Limitation Is Justified

Court’s Decision: The Bombay High Court dismissed the appeal filed by the appellant, challenging the order of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), which upheld the recovery…
Posted by Rawlaw December 14, 2024
Bombay High Court Quashes Convictions Under Sections 186, 353, and 506(i) IPC: Highlights Procedural Lapses in Framing of Charges and Lack of Evidence to Prove Assault on a Public Servant During Discharge of Duties
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Bombay High Court Quashes Convictions Under Sections 186, 353, and 506(i) IPC: Highlights Procedural Lapses in Framing of Charges and Lack of Evidence to Prove Assault on a Public Servant During Discharge of Duties

Court’s Decision: The Bombay High Court quashed the conviction of the second appellant (Development Officer) under Section 186 IPC due to procedural errors, specifically the absence of framing of charges…
Posted by Rawlaw December 14, 2024
Bombay High Court Upholds Ministerial Role of Chief Judicial Magistrate Under Section 14 of SARFAESI Act: Procedural Defects in Bank’s Application Not Grounds for Dismissal; No Notice Required to Borrowers During Possession Process
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Bombay High Court Upholds Ministerial Role of Chief Judicial Magistrate Under Section 14 of SARFAESI Act: Procedural Defects in Bank’s Application Not Grounds for Dismissal; No Notice Required to Borrowers During Possession Process

Court’s Decision The Bombay High Court dismissed the writ petition filed by borrowers challenging the Chief Judicial Magistrate's (CJM) denial of their request to obtain copies of documents submitted by…
Posted by Rawlaw December 14, 2024
Bombay High Court Upholds Acquittal in 498A Case: "Mere Allegations of ₹80,000 Demand and Harassment Without Substantiated Evidence Do Not Constitute Cruelty"
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Bombay High Court Upholds Acquittal in 498A Case: “Mere Allegations of ₹80,000 Demand and Harassment Without Substantiated Evidence Do Not Constitute Cruelty”

Court’s Decision The Bombay High Court dismissed the State's appeal challenging the trial court's acquittal of the accused under Sections 498A, 323, and 504 read with Section 34 of the…
Posted by Rawlaw December 11, 2024
Bombay High Court Directs Oriental Insurance to Pay Rs. 27,13,582/- with Interest for Harassing Senior Citizen by Defying Insurance Ombudsman’s Award; Orders Exemplary Costs and Inquiry Against Officials for Non-Compliance
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Bombay High Court Directs Oriental Insurance to Pay Rs. 27,13,582/- with Interest for Harassing Senior Citizen by Defying Insurance Ombudsman’s Award; Orders Exemplary Costs and Inquiry Against Officials for Non-Compliance

Court’s Decision The Bombay High Court dismissed the Oriental Insurance Company’s Writ Petition No. 706 of 2024, which challenged the Insurance Ombudsman’s award dated May 3, 2021. It upheld the…
Posted by Rawlaw December 11, 2024
Bombay High Court Directs Issuance of Occupation Certificate, Rejects Objections Based on Agricultural Designation in Regional Plan: Holds Permissions Granted Under MRTP Act Prevail Over Subsequent UDCPR Regulations
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Bombay High Court Directs Issuance of Occupation Certificate, Rejects Objections Based on Agricultural Designation in Regional Plan: Holds Permissions Granted Under MRTP Act Prevail Over Subsequent UDCPR Regulations

Court’s Decision : The Bombay High Court instructed authorities to issue the Occupation Certificate (OC) to the petitioner for their completed residential-cum-commercial project within eight weeks. The court affirmed that…
Posted by Rawlaw December 11, 2024

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