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Bombay High Court Case Commentaries

Deemed Tenancy Under Maharashtra Rent Control Act: Non-Applicability to Evicted Government Allottees

Deemed Tenancy Under Maharashtra Rent Control Act: Non-Applicability to Evicted Government Allottees

Date: Apr 24, 2025
Deemed Tenancy Under Maharashtra Rent Control Act: Non-Applicability to Evicted Government Allottees 1. Introduction This case arose from a long-running dispute over Flat No. G-1 in “Beacon” building...
Preserving Arbitration: Excising Unilateral Opt-Out Clauses and the Limited Scope of Section 11 Review under the SARFAESI Act

Preserving Arbitration: Excising Unilateral Opt-Out Clauses and the Limited Scope of Section 11 Review under the SARFAESI Act

Date: Apr 23, 2025
Preserving Arbitration: Excising Unilateral Opt-Out Clauses and the Limited Scope of Section 11 Review under the SARFAESI Act Introduction The Bombay High Court’s decision in Tata Capital Limited v....
Enforcement of Arbitration Clauses in Partnership Disputes and Binding Effect on Legal Representatives under Sections 8 & 40 of the Arbitration and Conciliation Act, 1996

Enforcement of Arbitration Clauses in Partnership Disputes and Binding Effect on Legal Representatives under Sections 8 & 40 of the Arbitration and Conciliation Act, 1996

Date: Apr 22, 2025
Enforcement of Arbitration Clauses in Partnership Disputes and Binding Effect on Legal Representatives under Sections 8 & 40 of the Arbitration and Conciliation Act, 1996 Introduction The case of...
Court‑Managed Tripartite Agreements and Interim Compensation in Co‑operative Redevelopment Disputes

Court‑Managed Tripartite Agreements and Interim Compensation in Co‑operative Redevelopment Disputes

Date: Apr 22, 2025
Court‑Managed Tripartite Agreements and Interim Compensation in Co‑operative Redevelopment Disputes Introduction In Elite Housing LLP v. The Spectrum Co‑operative Housing Society Ltd. (Bombay High...
Principle of Qualifying Service and Fresh Appointment for Pension under MCSR Rule 30

Principle of Qualifying Service and Fresh Appointment for Pension under MCSR Rule 30

Date: Apr 18, 2025
Principle of Qualifying Service and Fresh Appointment for Pension under MCSR Rule 30 Introduction This commentary examines the decision of the Bombay High Court in V.N. Madhu v. S.S. & L.S....
Recognition of Constructive Possession as Valid Delivery in Hiba under Muslim Law

Recognition of Constructive Possession as Valid Delivery in Hiba under Muslim Law

Date: Apr 17, 2025
Recognition of Constructive Possession as Valid Delivery in Hiba under Muslim Law Introduction The decision in Sheikh Ibrahim S/o Mohammad Sheikh & Others v. Sheikh Rehman S/o Mohammad Sheikh (2025...
Reinforcing Judicial Integrity: Clean Hands and Counsel Accountability in Obstructionist Proceedings

Reinforcing Judicial Integrity: Clean Hands and Counsel Accountability in Obstructionist Proceedings

Date: Apr 14, 2025
Reinforcing Judicial Integrity: Clean Hands and Counsel Accountability in Obstructionist Proceedings Introduction The judgment in the case of Ballam Trifla Singh v. Gyan Prakash Shukla and Ors....
Reaffirming the Essential Elements of Valid Adoption in Partition Disputes: The Limitation of Post-Mortem Adoption Deeds

Reaffirming the Essential Elements of Valid Adoption in Partition Disputes: The Limitation of Post-Mortem Adoption Deeds

Date: Apr 11, 2025
Reaffirming the Essential Elements of Valid Adoption in Partition Disputes: The Limitation of Post-Mortem Adoption Deeds Introduction The case of Shri Nivrutti Pandurang Nale v. Shri Uttam Ganu Nale...
Judicial Restraint in Tender Awards: Affirming Fairness and Transparency in Public Emergency Medical Services Contracts

Judicial Restraint in Tender Awards: Affirming Fairness and Transparency in Public Emergency Medical Services Contracts

Date: Apr 11, 2025
Judicial Restraint in Tender Awards: Affirming Fairness and Transparency in Public Emergency Medical Services Contracts Introduction The judgment in Vikas Sadashiv Lawande v. Contract for Emergency...
Adjustment of Written-Down Value in Amalgamations Without Central Government Approval under Section 72A

Adjustment of Written-Down Value in Amalgamations Without Central Government Approval under Section 72A

Date: Apr 10, 2025
Adjustment of Written-Down Value in Amalgamations Without Central Government Approval under Section 72A Introduction Technova Imaging Systems Ltd. v. Deputy Commissioner of Income Tax (Bombay High...
Mandatory FIR Registration and Enhanced Police Accountability in Custodial Deaths: A New Legal Precedent

Mandatory FIR Registration and Enhanced Police Accountability in Custodial Deaths: A New Legal Precedent

Date: Apr 9, 2025
Mandatory FIR Registration and Enhanced Police Accountability in Custodial Deaths: A New Legal Precedent Introduction The case of Anna Maruti Shinde v. The State of Maharashtra before the Bombay High...
Establishing Interim Measures for FCAM Charges Disputes: A New Precedent on Access to Common Amenities

Establishing Interim Measures for FCAM Charges Disputes: A New Precedent on Access to Common Amenities

Date: Apr 9, 2025
Establishing Interim Measures for FCAM Charges Disputes: A New Precedent on Access to Common Amenities Introduction The Judgment in Shradha Mody v. Macrotech Developers Limited delivered by the...
New Precedent on Condonation of Delay in Consumer Protection Appeals

New Precedent on Condonation of Delay in Consumer Protection Appeals

Date: Apr 9, 2025
New Precedent on Condonation of Delay in Consumer Protection Appeals Introduction The case of SAMARTH CONSTRUCTIONS AND ANR v. PUSHPA CHANDRAKANT MATE before the Bombay High Court has garnered...
Ensuring a Judicial Approach in Preliminary Limitation Determinations in Arbitration

Ensuring a Judicial Approach in Preliminary Limitation Determinations in Arbitration

Date: Apr 9, 2025
Ensuring a Judicial Approach in Preliminary Limitation Determinations in Arbitration Introduction The judgment in the matter of Urban Infrastructure Real Estate Fund v. Bhavik Rashmi Bhimjyani and 4...
Age‑Based Tie‑Breaker Discrimination in Tenders Violates Article 14

Age‑Based Tie‑Breaker Discrimination in Tenders Violates Article 14

Date: Apr 3, 2025
Age‑Based Tie‑Breaker Discrimination in Tenders Violates Article 14 Introduction In Shahbaz Mumtaz Khan v. Indian Oil Corporation Ltd. (Bombay High Court, 2 April 2025), the petitioner, Mr. Shahbaz...
Validation of BCI’s Inspection Authority over Law Colleges Under the Advocates Act

Validation of BCI’s Inspection Authority over Law Colleges Under the Advocates Act

Date: Apr 3, 2025
Validation of BCI’s Inspection Authority over Law Colleges Under the Advocates Act Introduction In Nathibai Damodar Thackersey Women’s University Law School v. The State of Maharashtra & Ors. (Bombay...
Protective Measures Under Section 9 vis‑à‑vis Statutory Tenants: Privity and Equity in Redevelopment Disputes

Protective Measures Under Section 9 vis‑à‑vis Statutory Tenants: Privity and Equity in Redevelopment Disputes

Date: Apr 2, 2025
Protective Measures Under Section 9 vis‑à‑vis Statutory Tenants: Privity and Equity in Redevelopment Disputes Introduction This commentary examines the Bombay High Court’s decision in Ambit...
Authority’s Discretion in Relocating Public Utility Structures: CIDCO’s Power Confirmed in N.D. Garden Co-op. Housing Soc. Ltd. v. Lakhani’s Blue Waves Co-op. Hsg. Soc. Ltd.

Authority’s Discretion in Relocating Public Utility Structures: CIDCO’s Power Confirmed in N.D. Garden Co-op. Housing Soc. Ltd. v. Lakhani’s Blue Waves Co-op. Hsg. Soc. Ltd.

Date: Mar 29, 2025
Authority’s Discretion in Relocating Public Utility Structures: CIDCO’s Power Confirmed in N.D. Garden Co‑op. Housing Soc. Ltd. v. Lakhani’s Blue Waves Co‑op. Hsg. Soc. Ltd. Introduction The Bombay...
Timely Disbursal of Gratuity with Statutory Interest and Expedited Pension Processing

Timely Disbursal of Gratuity with Statutory Interest and Expedited Pension Processing

Date: Mar 29, 2025
Timely Disbursal of Gratuity with Statutory Interest and Expedited Pension Processing Introduction In Chetana Rajput v. Modern Education Society & Ors (Bombay High Court, 28 March 2025), Dr. Chetna...
Clarifying Director Liability: Non-Compliance with Labour Court Orders under the MRTU & PULP Act

Clarifying Director Liability: Non-Compliance with Labour Court Orders under the MRTU & PULP Act

Date: Mar 28, 2025
Clarifying Director Liability: Non-Compliance with Labour Court Orders under the MRTU & PULP Act Introduction This commentary reviews the recent judgment in ARUN HASTIMAL FIRODIA v. THE STATE OF...
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