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Bombay High Court Case Commentaries

Maintenance under Section 125 CrPC Is Not a “Debt” Provable in Insolvency: Commentary on Mehul Jagdish Trivedi v. Manisha Mehul Trivedi

Maintenance under Section 125 CrPC Is Not a “Debt” Provable in Insolvency: Commentary on Mehul Jagdish Trivedi v. Manisha Mehul Trivedi

Date: Nov 26, 2025
Maintenance under Section 125 CrPC Is Not a “Debt” Provable in Insolvency and Cannot Ground a Debtor’s Own Insolvency Petition 1. Introduction The decision of the Bombay High Court in Insolvency...
Best-Efforts Clauses, Business Plans and Damages: Commentary on Regus South Mumbai Business Centre Pvt Ltd v. Marie Gold Realtors Pvt Ltd (Bombay High Court, 25 Nov 2025)

Best-Efforts Clauses, Business Plans and Damages: Commentary on Regus South Mumbai Business Centre Pvt Ltd v. Marie Gold Realtors Pvt Ltd (Bombay High Court, 25 Nov 2025)

Date: Nov 26, 2025
Enforceability of “Shall Endeavour” Clauses and Lost-Revenue Damages in Management Agreements: Commentary on Regus South Mumbai Business Centre Pvt Ltd v. Marie Gold Realtors Pvt Ltd, Bombay High...

        Natural Justice, Anti‑Mala Fides and Personal Liability in Municipal Stop‑Work Orders:
        Commentary on M/s Atria Constructions & Pooja B. Jain v. Pune Municipal Commissioner & Ors

Natural Justice, Anti‑Mala Fides and Personal Liability in Municipal Stop‑Work Orders: Commentary on M/s Atria Constructions & Pooja B. Jain v. Pune Municipal Commissioner & Ors

Date: Nov 25, 2025
Natural Justice, Anti‑Mala Fides and Personal Liability in Municipal Stop‑Work Orders: Commentary on M/s Atria Constructions & Pooja B. Jain v. Pune Municipal Commissioner & Ors 1. Introduction This...
Situs of Trademarks and Export Sales under the CST Act: Commentary on Duphar Interfran Ltd. v. State of Maharashtra

Situs of Trademarks and Export Sales under the CST Act: Commentary on Duphar Interfran Ltd. v. State of Maharashtra

Date: Nov 25, 2025
Situs of Trademarks and Export Sales under the CST Act: Commentary on Duphar Interfran Ltd. v. State of Maharashtra 1. Introduction The Bombay High Court’s decision in M/s. Duphar Interfran Ltd. v....

        Circumstantial Evidence and Non‑Reporting to Station Master in Railway Accident Claims:
        Commentary on Dhondu Sakharam Tambe v. Union of India

Circumstantial Evidence and Non‑Reporting to Station Master in Railway Accident Claims: Commentary on Dhondu Sakharam Tambe v. Union of India

Date: Nov 22, 2025
Proving “Untoward Incidents” under the Railways Act through Circumstantial Evidence: A Commentary on Shri Dhondu Sakharam Tambe & Anr. v. Union of India Bombay High Court, First Appeal No. 1668 of...
Importer’s Right to Refund of Customs Duty When Goods Are Never Received: Ajay Industrial v. Assistant Commissioner of Customs (Bombay High Court, 2025)

Importer’s Right to Refund of Customs Duty When Goods Are Never Received: Ajay Industrial v. Assistant Commissioner of Customs (Bombay High Court, 2025)

Date: Nov 20, 2025
Importer’s Right to Refund of Customs Duty When Goods Are Never Received, Irrespective of Inter‑Departmental Disputes or Bill of Entry Closure Case: M/s Ajay Industrial Corporation Ltd v. Assistant...
Restricting Rectification under Section 74 of the Finance Act, 1994: Commentary on M/s Suman Construction v. Union of India

Restricting Rectification under Section 74 of the Finance Act, 1994: Commentary on M/s Suman Construction v. Union of India

Date: Nov 19, 2025
Restricting Rectification under Section 74 of the Finance Act, 1994: Commentary on M/s Suman Construction v. Union of India, Bombay High Court (Aurangabad Bench, 14 November 2025) 1. Introduction...

    Transferee Liability for Provident Fund Dues in SARFAESI Transfers and Procedural Safeguards in EPF Garnishee Proceedings:
    Commentary on B.T. Kadlag Constructions Pvt Ltd v. EPFO

Transferee Liability for Provident Fund Dues in SARFAESI Transfers and Procedural Safeguards in EPF Garnishee Proceedings: Commentary on B.T. Kadlag Constructions Pvt Ltd v. EPFO

Date: Nov 19, 2025
Transferee Liability for Provident Fund Dues in SARFAESI Transfers and Procedural Safeguards in EPF Garnishee Proceedings: Commentary on B.T. Kadlag Constructions Pvt Ltd v. The Employees Provident...
Expansive Powers of Maintenance Tribunals to Protect Abandoned Senior Citizens and Their Property: Commentary on The Bandra Holy Family Hospital Society v. State of Maharashtra

Expansive Powers of Maintenance Tribunals to Protect Abandoned Senior Citizens and Their Property: Commentary on The Bandra Holy Family Hospital Society v. State of Maharashtra

Date: Nov 18, 2025
Expansive Powers of Maintenance Tribunals to Protect Abandoned Senior Citizens and Their Property: Commentary on The Bandra Holy Family Hospital Society and Anr v. State of Maharashtra and Ors I....
SEBI Consent Orders Do Not Bar CBI Prosecutions for IPO Rigging: Economic Offences Affecting Retail Investors Are Public Wrongs Not Fit for Quashing

SEBI Consent Orders Do Not Bar CBI Prosecutions for IPO Rigging: Economic Offences Affecting Retail Investors Are Public Wrongs Not Fit for Quashing

Date: Nov 17, 2025
SEBI Consent Orders Do Not Bar CBI Prosecutions for IPO Rigging: Economic Offences Affecting Retail Investors Are Public Wrongs Not Fit for Quashing Introduction In Manojdev Gokulchand Seksaria v....
Preventive detention cannot substitute bail cancellation: Detaining Authority must evaluate efficacy of bail conditions before invoking MPDA

Preventive detention cannot substitute bail cancellation: Detaining Authority must evaluate efficacy of bail conditions before invoking MPDA

Date: Nov 17, 2025
Preventive detention cannot substitute bail cancellation: Detaining Authority must evaluate efficacy of bail conditions before invoking MPDA Case Snapshot Court: Bombay High Court, Circuit Bench at...

    Accumulation under Section 11(2) as a Matter of Right and the Bar on Reassessment for Mere Change of Opinion:
    Commentary on Sir Jamsetjee Jejeebhoy Charity Fund v. ITO (Exemption) 2(3), Mumbai

Accumulation under Section 11(2) as a Matter of Right and the Bar on Reassessment for Mere Change of Opinion: Commentary on Sir Jamsetjee Jejeebhoy Charity Fund v. ITO (Exemption) 2(3), Mumbai

Date: Nov 8, 2025
Accumulation under Section 11(2) as a Matter of Right and the Bar on Reassessment for Mere Change of Opinion: Commentary on Sir Jamsetjee Jejeebhoy Charity Fund v. Income Tax Officer (Exemption) 2,...
Reassessment Against Non‑Existent Company Post‑Conversion into LLP Is Void: Commentary on Erangal Comtrade & Consultancy LLP v. ACIT

Reassessment Against Non‑Existent Company Post‑Conversion into LLP Is Void: Commentary on Erangal Comtrade & Consultancy LLP v. ACIT

Date: Nov 4, 2025
Reassessment Against Non‑Existent Company Post‑Conversion into LLP Is Void: Commentary on Erangal Comtrade & Consultancy LLP v. ACIT 1. Introduction This commentary examines the decision of the...
Mandatory Verification and Adjustment of Pre‑Deposits under SVLDRS: Commentary on Evershine Enterprises v. Union of India (Bombay High Court, 3 November 2025)

Mandatory Verification and Adjustment of Pre‑Deposits under SVLDRS: Commentary on Evershine Enterprises v. Union of India (Bombay High Court, 3 November 2025)

Date: Nov 4, 2025
Mandatory Verification and Adjustment of Pre‑Deposits under SVLDRS: Commentary on Evershine Enterprises v. Union of India, Bombay High Court (3 November 2025) 1. Introduction The judgment in...
Section 11 Appointments Not Barred by Pending Section 37 Appeals: Bombay High Court Orders De Novo Arbitration After Set-Aside, Confines Referral Court to Prima Facie Existence of Agreement

Section 11 Appointments Not Barred by Pending Section 37 Appeals: Bombay High Court Orders De Novo Arbitration After Set-Aside, Confines Referral Court to Prima Facie Existence of Agreement

Date: Oct 17, 2025
Section 11 Appointments Not Barred by Pending Section 37 Appeals: Bombay High Court Orders De Novo Arbitration After Set-Aside, Confines Referral Court to Prima Facie Existence of Agreement...
GST Returns Are Confidential: Bombay High Court Holds Section 158 of the GST Act Overrides RTI Requests for Third-Party Tax Records; Section 11 Notice Mandatory

GST Returns Are Confidential: Bombay High Court Holds Section 158 of the GST Act Overrides RTI Requests for Third-Party Tax Records; Section 11 Notice Mandatory

Date: Oct 16, 2025
GST Returns Are Confidential: Section 158 of the GST Act Overrides RTI Requests for Third-Party Tax Records; Section 11 Notice Mandatory Introduction In Writ Petition No. 11135 of 2025, decided on 14...
Right to Safe Roads under Article 21: Immediate Public-Law Compensation for Pothole and Open Manhole Victims; District Compensation Committees and Personal Liability of Officials — Bombay High Court (13 October 2025)

Right to Safe Roads under Article 21: Immediate Public-Law Compensation for Pothole and Open Manhole Victims; District Compensation Committees and Personal Liability of Officials — Bombay High Court (13 October 2025)

Date: Oct 15, 2025
Right to Safe Roads under Article 21: Immediate Public-Law Compensation for Pothole and Open Manhole Victims; District Compensation Committees and Personal Liability of Officials — Bombay High Court...
Directory, Not Mandatory: Bombay High Court Reaffirms Material-Compliance Standard for Co‑operative Housing Redevelopment Under the 2019 GR

Directory, Not Mandatory: Bombay High Court Reaffirms Material-Compliance Standard for Co‑operative Housing Redevelopment Under the 2019 GR

Date: Oct 13, 2025
Directory, Not Mandatory: Bombay High Court Reaffirms Material-Compliance Standard for Co‑operative Housing Redevelopment Under the 2019 GR Introduction This commentary examines the Bombay High...
No Equity in Illegality: Bombay High Court Cancels Ineligible ANM/GNM Admissions, Orders Refunds, Rs.1 Lakh Compensation, and Five-Year Compliance Audit

No Equity in Illegality: Bombay High Court Cancels Ineligible ANM/GNM Admissions, Orders Refunds, Rs.1 Lakh Compensation, and Five-Year Compliance Audit

Date: Oct 10, 2025
No Equity in Illegality: Bombay High Court Cancels Ineligible ANM/GNM Admissions, Orders Refunds, Rs.1 Lakh Compensation, and Five-Year Compliance Audit Court: Bombay High Court (Civil Appellate...
IBC Moratorium Does Not Bar Section 138 NI Act Prosecution of Directors Even When Insolvency Predates Cheque Dishonour

IBC Moratorium Does Not Bar Section 138 NI Act Prosecution of Directors Even When Insolvency Predates Cheque Dishonour

Date: Oct 8, 2025
IBC Moratorium Does Not Bar Section 138 NI Act Prosecution of Directors Even When Insolvency Predates Cheque Dishonour Introduction This commentary examines the oral judgment delivered by the Bombay...
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