Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 15(2) -- Rent and eviction - Subletting - Is a question of fact and the putative protection u/s 15(2) of the Act is a question of law or, at least, a mixed question of law and fact...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Work contract - Memorandum of Understating (MoU) entered into between parties clearly contains an arbitration clause - Dispute pertains to certain communication issued by University whereby purchase order in favour of petitioner executed in furtherance of MoU was kept in abeyance - On..........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Prisons Act, 1894, Section 59, Prison (Bombay Furlough and Parole) Rules, 1959, Rule 4, Indian Penal Code, 1860, Section 395 -- Furlough - Offence u/s 395 IPC - As per police report if petitioner is released on furlough there is possibility that some untoward incident may happen and same can be taken care of by directing petitioner to reside at the place of her sister -..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Will -- Probate - Rights of executor or legatee - Probate is essential for assertion of rights accruing through a Will executed by a Hindu, Buddhist, Sikh or Jain provided Will is executed within the territories of erstwhile Governor of Bengal, Madras and Bombay High Court, even though properties are situated outside such territories - Probate is also necessary if Will is..........
Prevention of Money Laundering Act, 2002, Section 3, 4, 45 -- Money laundering - Attachment of property - Territorial jurisdiction - In the instant case, FIR registered in Bombay and petitioner reside in jurisdiction of Punjab and Haryana High Court - Residence of petitioner cannot give rise to cause of action at said place - Attachment of properties located in Punjab and..........
Prevention of Money Laundering Act, 2002, Section 3, 4, 45 -- Money laundering - Misuse of process of law - In the instant case, scam took place in Bombay and FIR registered in Bombay - Magistrate at Bombay took cognizance of complaint and passed detailed order by issuing process - By concealing said order, petitioner obtained interim order from Punjab and Haryana High..........
