Possible Tender Interpretation by the Procuring Authority Prevails; Cartelisation Requires Cogent Proof 1. Introduction In M/S. G.H. KHANDELWAL, THR. PARTNER, ANKUR S/O. RUPCHAND KHANDELWAL v....
Delegation Does Not Bar Revision: Housing Societies Must Grant Succession-Based (Deemed) Membership Without Adjudicating Title 1) Introduction This Bombay High Court decision (Amit Borkar, J.) in THE...
Adult Trafficking Victim Repatriation: Magistrate’s Repatriation Order Not Mandatory; Trial Court ‘No Objection’ Suffices Court: Bombay High Court (Criminal Appellate Jurisdiction) Case: Writ...
Psychiatric Examination in Divorce Proceedings: No Mechanical Orders—Prima Facie Material and Reasons Are Mandatory Case: Dimpal Nikhilkumar Sanklecha v. Nikhilkumar Nandakumar Sanklecha Court:...
EVM/VVPAT Discrepancy Challenges Require Specific Material Facts Showing “Materially Affected” Result—Election Petition Rejected Under Order VII Rule 11(a) Case: PRAMOD RATAN PATIL v. RAJESH...
Mis-citation of Section 66B Not Fatal: Unauthorised Recording/Sharing of Official Calls Attracts Section 66 r/w Section 43(b) IT Act; Official Secrets Act Section 3 Inapplicable Absent “Prohibited...
Maintenance for Minor Children Under Section 125 CrPC Must Reflect Holistic Upbringing, Parental Status, and Be Payable From the Date of Application 1) Introduction This criminal revision before the...
Mere delayed reporting to a COVID quarantine centre, without specific disobedience or infection-spreading act, does not attract IPC Ss. 188/269/270—FIR liable to be quashed under Bhajan Lal 1)...
RERA Refund Orders: Finality Bars Belated Writ Challenges; Newtech Does Not Nullify Adjudicating Officer Refunds Where Section 81 Delegation Is Possible Case: MARVEL LANDMARKS PVT. LTD. v. THE STATE...
Res Judicata Bars Re-litigation of Territorial Jurisdiction in the Same Suit Despite Subsequent Supreme Court Interpretation 1) Introduction The Bombay High Court (Nagpur Bench) in HDFC Bank Ltd.,...
Rental Compensation for Pre-Acquisition Possession: 8% p.a. on Open-Land Value (GR 26-12-2003) Irrespective of Public Purpose, with 6% Interest for Delay Court: Bombay High Court (Civil Appellate...
Private Scheduled Banks Amenable to Writ Jurisdiction to Enforce RBI “Zero-Liability” Refunds in Unauthorised E‑Banking (SIM‑Swap) Frauds Case: SUBODH C KORDE v. UNION OF INDIA THR MINISTRY OF...
Platform-Edge Knockdown (and Fall from Train) Treated as “Untoward Incident”: Contradictory Official Reports Resolved in Favour of Victims under the Railways Act, 1989 Case: SMT. ASHRAPPA YELLAPPA...
MPT Act Authorities Cannot Direct Change of a Trust’s Name; Emblems Act Remedies Lie with Competent Authorities (Section 70A Time-Limit: Reasonable Period ~ 3 Years) Case: NATIONAL EGG CO-ORDINATION...
Customary Right (in Gross) to Use Private Land for Village Festival Is Distinct from Customary Easement; Interim Protection Sustained Under Article 227 Case: Ganesh D. Tapkir v. Baner Yethil Samasta...
Specific Performance of a Decades-Old Oral Sale Agreement: Non-Deposit Not Fatal; Equities Balanced by Ordering Substantial Additional Consideration 1) Introduction This First Appeal before the...
Article 226 Cannot Be Used as a Disguised PIL to Compel FIR Registration in Long-Running Commercial/Contractual Disputes; Bona Fides, Public Law Element, and Hearing to Proposed Accused 1....
Membership Cannot Be Compelled for Non-Existent “Flats”: Section 154B-5 MCS Act Bars Admission Where Agreements Cover Refuge Areas 1. Introduction The Bombay High Court (Firdosh P. Pooniwalla, J.)...
Strangers Cannot Stall Execution of Eviction Decrees on Oral “Sale” Assurances: Clean-Hands Writ Doctrine, Exemplary Costs, and Mandatory Execution Directions Court: Bombay High Court, Bench at...
Gram Rojgar Sevak Not an “Office of Profit” Under the Panchayat: No Disqualification Under Section 14(1)(f)–(g) of the Maharashtra Village Panchayats Act, 1958 1) Introduction The Bombay High Court...