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Bombay High Court Case Commentaries

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...
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...
“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...
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...
Balancing Administrative Authority and Local Planning Committees: Insights from Jayaji Kisan Deshmukh v. State of Maharashtra

Balancing Administrative Authority and Local Planning Committees: Insights from Jayaji Kisan Deshmukh v. State of Maharashtra

Date: Jan 28, 2023
Balancing Administrative Authority and Local Planning Committees: Insights from Jayaji Kisan Deshmukh v. State of Maharashtra Introduction The case of Jayaji Kisan Deshmukh and Others v. The State of...
Non-Delegation of Powers Under Section 17 of the Working Journalists Act: A Landmark Judgment

Non-Delegation of Powers Under Section 17 of the Working Journalists Act: A Landmark Judgment

Date: Dec 23, 2022
Non-Delegation of Powers Under Section 17 of the Working Journalists Act: A Landmark Judgment Introduction The case of Managing Director Dainik Bhaskar Group (D.B. Corp. Ltd.) and Another v. State of...
Bombay High Court Upholds Mandatory NOC from Defence Establishments in Construction Projects

Bombay High Court Upholds Mandatory NOC from Defence Establishments in Construction Projects

Date: Dec 10, 2022
Bombay High Court Upholds Mandatory NOC from Defence Establishments in Construction Projects Introduction In the landmark case of GORAKHNATH SHANKAR NAKHWA AND 4 ORS v. THE MUNICIPAL COMMISSIONER OF...
Balancing Delay with Equity: Bombay High Court's Landmark Ruling in Asaram Hari Shinde v. State of Maharashtra

Balancing Delay with Equity: Bombay High Court's Landmark Ruling in Asaram Hari Shinde v. State of Maharashtra

Date: Dec 6, 2022
Balancing Delay with Equity: Bombay High Court's Landmark Ruling in Asaram Hari Shinde v. State of Maharashtra Introduction The case of Asaram Hari Shinde Through Its Legal Representatives v. The...
State Government's Non-Delegable Powers Under Section 17(2) of the Working Journalists Act: Insights from Bombay High Court Judgment

State Government's Non-Delegable Powers Under Section 17(2) of the Working Journalists Act: Insights from Bombay High Court Judgment

Date: Nov 18, 2022
State Government's Non-Delegable Powers Under Section 17(2) of the Working Journalists Act: Insights from Bombay High Court Judgment 1. Introduction The case of All India Reporter Private Limited v....
Privatization of State Entities and the Maintainability of Article 226 Writ Petitions: Bombay High Court's Interpretation

Privatization of State Entities and the Maintainability of Article 226 Writ Petitions: Bombay High Court's Interpretation

Date: Sep 21, 2022
Privatization of State Entities and the Maintainability of Article 226 Writ Petitions: Bombay High Court's Interpretation Introduction The judgment titled MR.R.S.MADIREDDY, S/O MR. KOTYSWARA RAO...
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