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Bombay High Court Case Commentaries

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

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

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

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

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

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

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

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

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

“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

“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

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

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

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

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

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....
The Acquittal Precedent in POCSO Cases: Balancing Presumptions with Evidentiary Scrutiny

The Acquittal Precedent in POCSO Cases: Balancing Presumptions with Evidentiary Scrutiny

Date: Dec 6, 2024
The Acquittal Precedent in POCSO Cases: Balancing Presumptions with Evidentiary Scrutiny Introduction The case of Surendra S/o Dayaram Bobde v. The State of Maharashtra decided by the Bombay High...
Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E.

Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E.

Date: Nov 18, 2024
Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E Introduction The case of Truly PEST Solution Pvt Ltd (Being a MSME) v. Principal Chief Mechanical Engineering...
Bombay High Court Declares Public Sector Banks' Look Out Circulars Unconstitutional: A Comprehensive Analysis

Bombay High Court Declares Public Sector Banks' Look Out Circulars Unconstitutional: A Comprehensive Analysis

Date: Apr 24, 2024
Bombay High Court Declares Public Sector Banks' Look Out Circulars Unconstitutional: A Comprehensive Analysis Introduction In the case of Viraj Chetan Shah v. Union of India and Others (2024), the...
Bolstered Protections for Landowners in Slum Rehabilitation: Bharat J. Patel v. The State of Maharashtra

Bolstered Protections for Landowners in Slum Rehabilitation: Bharat J. Patel v. The State of Maharashtra

Date: Apr 14, 2023
Bolstered Protections for Landowners in Slum Rehabilitation: Bharat J. Patel v. The State of Maharashtra Introduction The case of Bharat J. Patel v. The State of Maharashtra and Others (2023 BHC...
Enforcement of Government Resolutions on Surplus Vacant Land: SALIM ALIMAHOMED PORBANDERWALLA v. The State of Maharashtra

Enforcement of Government Resolutions on Surplus Vacant Land: SALIM ALIMAHOMED PORBANDERWALLA v. The State of Maharashtra

Date: Mar 31, 2023
Enforcement of Government Resolutions on Surplus Vacant Land: SALIM ALIMAHOMED PORBANDERWALLA v. The State of Maharashtra (2023 BHC 2190) Introduction In the case of Salim Alimahomed Porbanderwalla...
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