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Bombay High Court Case Commentaries

IBC Resolution Plan Does Not Extinguish Statutory Duties in Slum Rehabilitation: Upholding SRA’s Section 13(2) Power

IBC Resolution Plan Does Not Extinguish Statutory Duties in Slum Rehabilitation: Upholding SRA’s Section 13(2) Power

Date: Mar 26, 2025
IBC Resolution Plan Does Not Extinguish Statutory Duties in Slum Rehabilitation: Upholding SRA’s Section 13(2) Power Introduction This case arises from Writ Petition No. 2065 of 2025 (and connected...
New Precedent on Withdrawal of Arbitrated Claims: Limiting Judicial Interference and Upholding Arbitral Finality

New Precedent on Withdrawal of Arbitrated Claims: Limiting Judicial Interference and Upholding Arbitral Finality

Date: Mar 26, 2025
New Precedent on Withdrawal of Arbitrated Claims: Limiting Judicial Interference and Upholding Arbitral Finality Introduction This commentary provides an in-depth examination of the recent Bombay...
Ensuring Expeditious Detention and Language Access Under the MPDA Act

Ensuring Expeditious Detention and Language Access Under the MPDA Act

Date: Mar 22, 2025
Ensuring Expeditious Detention and Language Access Under the MPDA Act Introduction The case of Mohammad Yusuf v. The State of Maharashtra and Ors. was decided by a Division Bench of the Bombay High...
Establishing Rigor in Provisional Eligibility: The Harshi Ramjiyani Precedent on IB Predicted Mark Requirements

Establishing Rigor in Provisional Eligibility: The Harshi Ramjiyani Precedent on IB Predicted Mark Requirements

Date: Feb 4, 2025
Establishing Rigor in Provisional Eligibility: The Harshi Ramjiyani Precedent on IB Predicted Mark Requirements Introduction The judgment in the matter of Harshi Ramjiyani v. The State of...
New Precedent for Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

New Precedent for Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

Date: Feb 4, 2025
New Precedent for Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education Introduction In a landmark decision issued by the Bombay High Court on February 3, 2025,...
Uniform Mandate for Communicating Grounds of Arrest: A Definitive Interpretation Under Section 50 of Cr.P.C.

Uniform Mandate for Communicating Grounds of Arrest: A Definitive Interpretation Under Section 50 of Cr.P.C.

Date: Feb 1, 2025
Uniform Mandate for Communicating Grounds of Arrest: A Definitive Interpretation Under Section 50 of Cr.P.C. Introduction This commentary examines the recent Judgment delivered by the Bombay High...
New Precedent for Young Offender Bail: Prioritizing Rehabilitation and Education

New Precedent for Young Offender Bail: Prioritizing Rehabilitation and Education

Date: Feb 1, 2025
New Precedent for Young Offender Bail: Prioritizing Rehabilitation and Education Introduction The case of Avinash Ajay Benewal v. State of Maharashtra before the Bombay High Court establishes a...
Judicial Oversight in Economic Frauds: Establishing the Mandate for Transferring Investigations to the CBI

Judicial Oversight in Economic Frauds: Establishing the Mandate for Transferring Investigations to the CBI

Date: Feb 1, 2025
Judicial Oversight in Economic Frauds: Establishing the Mandate for Transferring Investigations to the CBI Introduction The case of Shoaib Richie Sequeira v. State of Maharashtra and Others...
Clarifying the Limitation Period for Continuing Offences under Section 498-A and the Harmonious Reading of Sections 468, 472, and 473 of the Cr.P.C.

Clarifying the Limitation Period for Continuing Offences under Section 498-A and the Harmonious Reading of Sections 468, 472, and 473 of the Cr.P.C.

Date: Jan 30, 2025
Clarifying the Limitation Period for Continuing Offences under Section 498-A and the Harmonious Reading of Sections 468, 472, and 473 of the Cr.P.C. Introduction This commentary provides a...
Precedent on the Substantive Illegality of Issuing Notices to Non-Existent Entities Post-Merger

Precedent on the Substantive Illegality of Issuing Notices to Non-Existent Entities Post-Merger

Date: Jan 30, 2025
Precedent on the Substantive Illegality of Issuing Notices to Non-Existent Entities Post-Merger Introduction The judgment in the case of CITY CORPORATION LIMITED THROUGH ITS DIRECTOR MR. ANIRUDDHA P....
Balancing Commercial Free Speech and Contractual Confidentiality: The New Precedent in Disparagement under Distribution Agreements

Balancing Commercial Free Speech and Contractual Confidentiality: The New Precedent in Disparagement under Distribution Agreements

Date: Jan 28, 2025
Balancing Commercial Free Speech and Contractual Confidentiality: The New Precedent in Disparagement under Distribution Agreements Introduction This commentary examines the recent Judgment in the...
Community Service as a Bail Condition: Establishing a New Precedent in DUI and Public Endangerment Cases

Community Service as a Bail Condition: Establishing a New Precedent in DUI and Public Endangerment Cases

Date: Jan 24, 2025
Community Service as a Bail Condition: Establishing a New Precedent in DUI and Public Endangerment Cases Introduction The judgment in Sabyasachi Devpriya Nishank v. The State of Maharashtra delivered...
Mandamus for Effective Enforcement of Noise Pollution Control: A New Precedential Directive in Regulating Religious Noise

Mandamus for Effective Enforcement of Noise Pollution Control: A New Precedential Directive in Regulating Religious Noise

Date: Jan 24, 2025
Mandamus for Effective Enforcement of Noise Pollution Control: A New Precedential Directive in Regulating Religious Noise Introduction In the case of Jaago Nehru Nagar Residents Welfare Association...
Establishing Time-Barred Alterations: The Precedent of Strict Compliance with Service Record Procedures

Establishing Time-Barred Alterations: The Precedent of Strict Compliance with Service Record Procedures

Date: Jan 23, 2025
Establishing Time-Barred Alterations: The Precedent of Strict Compliance with Service Record Procedures Introduction The judgment in Dnyaneshwar Baban Katkar v. The Director General and Inspector...
Misapplication of Criminal Process in Civil Disputes under the PMLA: A Precedent on Distinguishing Civil Controversies from Criminal Offences

Misapplication of Criminal Process in Civil Disputes under the PMLA: A Precedent on Distinguishing Civil Controversies from Criminal Offences

Date: Jan 22, 2025
Misapplication of Criminal Process in Civil Disputes under the PMLA: A Precedent on Distinguishing Civil Controversies from Criminal Offences Introduction The judgment in RAKESH BRIJLAL JAIN AND ANR...
Judicial Oversight and Municipal Accountability: Mandamus for Restoration of Unauthorized Structural Alterations

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

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

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

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

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...
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