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Bombay High Court

Home - Bombay High Court - Page 9

plot misuse
Posted inNews

Bombay High Court holds housing society cannot deny membership for alleged misuse of plot — “Statutory right under cooperative law prevails over land-use disputes”

1. Court’s decision The Bombay High Court dismissed a writ petition filed by a tenant-ownership housing society challenging orders of cooperative authorities directing admission of an applicant as a member.…
Posted by Rawlaw February 10, 2026
Bombay High Court holds teacher transferred from unaided to aided post is entitled to full salary grant—“Partial grant policy applies only to fresh appointments, not transfers”; approval order modified
Posted inNews

Bombay High Court holds teacher transferred from unaided to aided post is entitled to full salary grant—“Partial grant policy applies only to fresh appointments, not transfers”; approval order modified

Court’s decision The Bombay High Court (Kolhapur Bench) allowed a writ petition filed by an Assistant Teacher and quashed the Deputy Director of Education’s order granting only staggered, partial salary…
Posted by Rawlaw February 9, 2026
Court restores mutation based on decree.
Posted inNews

Bombay High Court restores mutation based on registered consent decree—“Revenue authorities cannot sit in appeal over civil court decree or adjudicate title”; mutation entry reinstated

Court’s decision The Bombay High Court (Ordinary Original Civil Jurisdiction) allowed a writ petition and quashed concurrent orders passed by revenue authorities which had deleted a mutation entry effected in…
Posted by Rawlaw February 9, 2026
factory
Posted inNews

Bombay High Court holds trader storing medicines in refrigerator is not a ‘factory’ under ESI Act—“Mere storage is not manufacturing process; cold storage distinct from refrigerator”; ESI demand set aside

Court’s decision The Bombay High Court allowed a first appeal under the Employees’ State Insurance Act, 1948, and set aside the ESI Court’s finding that a medicine distributor storing drugs…
Posted by Rawlaw February 9, 2026
final adjudication
Posted inNews

Bombay High Court quashes stamp duty demand on development agreement—“Final adjudication cannot be reopened beyond limitation; Section 33A power lies only with registering officer”; recovery order set aside

Court’s decision The Bombay High Court partly allowed a writ petition filed by a real estate developer and quashed an order demanding deficit stamp duty by treating a development agreement…
Posted by Rawlaw February 9, 2026
Bombay High Court grants injunction in specific performance suit over CIDCO plot—“receipt of ₹3.12 crore and permitted third-party rights create strong prima facie equity”; developers restrained despite later tripartite agreement
Posted inNews

Bombay High Court grants injunction in specific performance suit over CIDCO plot—“receipt of ₹3.12 crore and permitted third-party rights create strong prima facie equity”; developers restrained despite later tripartite agreement

Court’s decision The Bombay High Court allowed an Appeal from Order and set aside the trial court’s refusal to grant interim injunction in a suit for specific performance concerning a…
Posted by Rawlaw February 9, 2026
arbitration
Posted inNews

Bombay High Court holds Mumbai as seat of arbitration in lender–borrower dispute—“Arbitration ‘to be held’ indicates seat, not mere venue; SARFAESI action no bar”; arbitrator appointed, interim protection granted

Court’s decision The Bombay High Court (Ordinary Original Civil Jurisdiction) allowed a lender’s application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and…
Posted by Rawlaw February 9, 2026
mortgagor
Posted inNews

Bombay High Court upholds mandatory pre-deposit under SARFAESI for mortgagor appealing procedural orders—“Section 18 applies to any order; mortgagor falls within borrower”; writ petition dismissed

Court’s decision The Bombay High Court dismissed a writ petition challenging an order of the Debts Recovery Appellate Tribunal which directed a real estate developer to deposit ₹125 crores as…
Posted by Rawlaw February 9, 2026
bank mortgage
Posted inNews

Bombay High Court holds civil court can examine sale agreement rescission despite bank mortgage—“Tribunal jurisdiction does not extend to pre-mortgage contractual disputes”; revision dismissed

Court’s decision The Bombay High Court refused to interfere with an order declining rejection of a civil suit at the threshold, holding that a suit seeking rescission of a sale…
Posted by Rawlaw February 8, 2026
recovery suit
Posted inNews

Bombay High Court holds pending salary recovery suit can continue after liquidation—“Section 33(5) bars only fresh suits, not ongoing proceedings”; liquidator directed to be impleaded

Court’s decision The Bombay High Court set aside an order of the City Civil Court, Mumbai, which had refused to implead the Official Liquidator in a pending salary recovery suit…
Posted by Rawlaw February 8, 2026

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Recent News

  • Bombay High Court: “Unsuccessful Party Can Also Seek Section 9 Protection”; L&T Directed To Keep ₹150 Crore Bank Guarantee Alive In ONGC Arbitration
  • “He Who Seeks Equity Must Do Equity”: Supreme Court Holds Specific Performance Decree Becomes Inexecutable If Balance Sale Consideration Is Not Deposited Within Time
  • Bombay High Court Rejects Tenants’ Plea To Add New Developer; Says Application Prima Facie Appears “Moved And Financed” By Proposed Developer, Imposes ₹5 Lakh Costs
  • Bombay High Court Refuses To Cancel Bail In Pending Murder Appeal; Says “Bail Once Granted Ought Not To Be Cancelled” Without Strong Grounds
  • Bombay High Court Quashes FIR Against HDFC Bank And Phoenix ARC Officials Filed After Recovery Proceedings; Says “Personal Vendetta Writ Large”, Investigation Would Be Abuse Of Process
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