Bombay High Court Case Commentaries

Judicial Oversight and Municipal Accountability: Mandamus for Restoration of Unauthorized Structural Alterations

Date: Jan 22, 2025

Judicial Oversight and Municipal Accountability: Mandamus for Restoration of Unauthorized Structural Alterations Introduction The present decision in SUKHSHANTI CO-OPERATIVE HOUSING SOCIETY LTD....

Dispensing with Section 313 Statement: A New Pragmatic Principle in Cheque Dishonour Trials

Date: Jan 22, 2025

Dispensing with Section 313 Statement: A New Pragmatic Principle in Cheque Dishonour Trials Introduction The judgment in NAVNEET SINGH GOGIA AND ANR. v. THE STATE OF MAHARASHTRA AND ANR, delivered by...

Establishing the Mandatory Delivery of Signed Arbitral Awards: Service and Limitation under the Act of 1996

Date: Jan 16, 2025

Establishing the Mandatory Delivery of Signed Arbitral Awards: Service and Limitation under the Act of 1996 Introduction The judgment in MS Health Care Medical and General Stores v. Amulya Investment...

Ending a Romantic Relationship Alone Does Not Constitute Abetment to Suicide: A New Legal Principle

Date: Jan 16, 2025

Ending a Romantic Relationship Alone Does Not Constitute Abetment to Suicide Introduction In the case of Vaibhav s/o Premanand Mawale v. State of Maharashtra, the Bombay High Court (Nagpur Bench)...

Mandate for Charging Infrastructure in Cooperative Societies: A New Precedent for Sustainable Urban Mobility

Date: Jan 15, 2025

Mandate for Charging Infrastructure in Cooperative Societies: A New Precedent for Sustainable Urban Mobility Introduction In the case of Amit Dholakia v. The State of Maharashtra Through the Ministry...

Strict Enforcement of the 120-Day Limitation Under Section 42 of the PMLA, 2002

Date: Jan 15, 2025

Strict Enforcement of the 120-Day Limitation Under Section 42 of the PMLA, 2002 Introduction This commentary examines the recent Bombay High Court judgment in “The Assistant Director, Directorate of...

Quashing Preventive Detention: Establishing the Imperative of Temporal Integrity and Relevance of Evidence

Date: Jan 15, 2025

Quashing Preventive Detention: Establishing the Imperative of Temporal Integrity and Relevance of Evidence Introduction The Bombay High Court, through its judgment in the case of Nikhil Ganesh...

Reaffirmation of Judicial Restraint in Legislative Matters and Clarification on Ticket Scalping Regulation

Date: Jan 11, 2025

Reaffirmation of Judicial Restraint in Legislative Matters and Clarification on Ticket Scalping Regulation Introduction The Bombay High Court in Amit Vyas v. Union of India Through the Ministry of...

Reaffirming the Right of a Cabinet to Withdraw Unacted-upon Recommendations for Legislative Council Nominations

Date: Jan 10, 2025

Reaffirming the Right of a Cabinet to Withdraw Unacted-upon Recommendations for Legislative Council Nominations 1. Introduction The case of Mr. Sunil Modi v. The State of Maharashtra Through Its...

Bombay High Court Ensures Minor’s Right to Passport Despite Parental Dispute

Date: Jan 9, 2025

Bombay High Court Ensures Minor’s Right to Passport Despite Parental Dispute Introduction The Judgment stems from a case before the Bombay High Court involving a minor named Miss Yushika, opposed by...

Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule

Date: Jan 8, 2025

Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule 1. Introduction In a significant ruling titled “BRIHANMUMBAI MUNICIPAL CORPORATION THROUGH ITS MUNICIPAL...

The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act

Date: Jan 7, 2025

The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act 1. Introduction In the matter of Shreegopal Barasia v. Creative Homes (Bombay...

Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period

Date: Jan 7, 2025

Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period 1. Introduction The Bombay High Court’s judgment in...

“Empathetic Reversion Principle” — Establishing an Employer’s Duty of Care in Promotion Reversal Requests

Date: Jan 4, 2025

Empathetic Reversion Principle: A New Dawn in Addressing Employee Promotion Reversal Requests 1. Introduction In the significant decision of Bharti Neeraj Chaourasiya v. Indian Overseas Bank,...

“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court

Date: Jan 4, 2025

“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court 1. Introduction The Bombay High Court, in JINDAL COCOA LLP v. RESERVE BANK OF INDIA, delivered an...

Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific

Date: Jan 4, 2025

Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific 1. Introduction The Bombay High Court in the case of...

False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases

Date: Jan 4, 2025

False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases Introduction The Bombay High Court’s decision in Smt. Vaibhavi Rajendra Chalke v. Shri. Rajendra Ganpat Chalke (Family...

Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance

Date: Jan 3, 2025

Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance Introduction This Judgment—Smita Pansare and Anr. v. The State of Maharashtra, delivered by the Bombay...

Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023

Date: Jan 3, 2025

Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023 1. Introduction The Bombay High Court’s judgment in Vijay Rambabu Sonkar & Ors v. The...

Clarifying the Requirements for Stalking and House Trespass Under IPC and POCSO: Insights From the Bombay High Court

Date: Dec 6, 2024

Clarifying the Requirements for Stalking and House Trespass Under IPC and POCSO: Insights From the Bombay High Court 1. Introduction The case of Amit S/o Gopal Chavan v. State of Maharashtra thr....