2134 Bombay High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 86 of 89.
Bombay High Court at Goa confirms a Dubai divorce decree under Section 13 CPC, holding that foreign judgments are enforceable if not contrary to Indian public policy.
Bombay High Court holds that sole testimony of victim in SC/ST Atrocity Act cases cannot sustain conviction without corroboration when material inconsistencies exist and independent witnesses fail to support the prosecution.
Bombay High Court holds that a suit for injunction based on threat of dispossession is maintainable even if land consolidation proceedings are pending, clarifying scope of Order VII Rule 11 CPC.
Bombay High Court holds that seven years of unexplained absence, supported by police certification and public notices, triggers presumption of death under Section 108 of the Indian Evidence Act.
Bombay High Court holds that validity certificates issued to near relatives constitute conclusive proof of Scheduled Tribe status, absent legal cancellation.
Bombay High Court holds that excise authorities cannot demand differential licence fees based on unpublished census data, affirming statutory clarity under Rule 24 of Maharashtra Country Liquor Rules.
Bombay High Court holds that state authorities must provide notice and hearing before mutating land records under rehabilitation laws, affirming natural justice in eminent domain cases.
Bombay High Court holds that municipal corporations must issue statutory notice before demolishing structures, affirming natural justice and procedural fairness under municipal law.
Bombay High Court holds that parties cannot invoke no-escalation clauses to avoid liability when their own breach causes delay and additional costs to the contractor.
Bombay High Court holds that succession to foreign movable assets is governed by Indian law if deceased was domiciled in India under Sections 5 and 371 of the Indian Succession Act, 1925.
Bombay High Court holds that under MOFA, a promoter must convey the entire plot described in the agreement, not just the land under the new building, if contractual terms and statutory duty require it.
Bombay High Court holds that irrigated land acquired for public project must be compensated at Rs. 5500/are, rejecting arbitrary valuations and affirming statutory entitlement to escalation.
Bombay High Court holds that Section 41A of the Maharashtra Public Trusts Act does not empower Charity Commissioners to order public apologies unrelated to trust property or income.
Bombay High Court mandates state to provide video recording infrastructure for trials under SC/ST Act, reinforcing statutory compliance under Section 15-A(10).
Bombay High Court holds that directors cannot be held personally liable for Employees' State Insurance dues under Section 45A; liability rests solely with the company.
Bombay High Court holds builders liable for structural defects under RERA even after warranty expires, reinforcing consumer protection and statutory obligations.
Bombay High Court grants interim injunction against anonymous online defamatory campaigns, directing Proton AG to disclose user data and blocking defamatory content.
Bombay High Court holds that builders cannot evade RERA liability for delayed possession through contractual clauses, reinforcing statutory remedies over private agreements.
Bombay High Court dismisses repeated writ petitions on identical issues, affirming that res judicata applies even against law when issues have been finally decided.
Bombay High Court holds that stamp duty on property sold via court-monitored auction must be calculated on auction price, not market valuation, affirming transparency of judicial sales.
Bombay High Court quashes preventive detention order for lack of live link to public order and failure to consider bail status, reinforcing safeguards under Article 226.
Bombay High Court holds that disputes over land extent, common areas, or ownership in deemed conveyance proceedings must be resolved in civil court, not writ jurisdiction.
Bombay High Court directs halt to issuance of completion and occupation certificates until regulatory compliance is verified, reinforcing procedural safeguards in urban development.
Bombay High Court holds that limitation for specific performance begins only upon breach of agreement, not the stipulated execution date, clarifying Article 54 of Limitation Act.