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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy....

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conciliation Act, 1996. The dispute arose from a manag...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid....

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their compilation of documents. The defendant no.3 had filed...

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Bombay High Court Quashes Termination of LPG Distributorship for Violation of Natural Justice. Show Cause Notice Not Served, Termination Order Set Aside Under Article 14 of Constitution....

The petitioner, Prashant S/o Gulabrao Kamble, was a LPG distributor of Indian Oil Corporation Limited. His distributorship was terminated by the respondent corporation. The petitioner challenged the t...

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Bombay High Court Considers Challenge to CIDCO's Demand for Premium on Additional FSI in Waluj Growth Centre; Petitioners Argue Sanctioned DCR Provides Basic FSI of 1.5 and No Premium is Chargeable, While CIDCO Contends Unauthorized Construction and Suppression of Facts...

The petitioners, three individuals engaged in business, filed a writ petition under Article 226 of the Constitution of India challenging communications dated 27 June 2017 and 16 October 2017, and Boar...

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Karnataka High Court Dismisses Widow's Appeal for Compassionate Appointment Due to Laches and Repeated Litigation. Claim for appointment on compassionate grounds rejected as appellant failed to explain delay of 16 years in filing writ petition and had earlier approached court on multiple occasions....

The appellant, Smt. Mallamma, wife of late Shivasharanappa Shirwale, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated 03.04.2018 passed by the learned Single...

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Karnataka High Court Dismisses Widow's Appeal for Compassionate Appointment Due to Laches and Repeated Litigation. Claim for appointment on compassionate grounds rejected as appellant failed to explain delay of 16 years in filing writ petition and had earlier approached court unsuccessfully on multiple occasions....

The appellant, Smt. Mallamma, is the widow of late Shivasharanappa Shirwale, who was employed with the second respondent college and died on 06.06.1997. She filed a writ petition in 2013 seeking compa...

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Bombay High Court Dismisses Appeal of Two Accused Labourers in Gang Rape Case—Sole Testimony of Victim Upheld. Absence of Genital Injuries on Married Woman with Grown Children Held Not Fatal to Conviction Under Section 376(g) Indian Penal Code....

The case involved a criminal appeal before the Bombay High Court, Nagpur Bench, challenging the conviction of two labourers for gang rape and criminal intimidation. The incident occurred on the night ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872....

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Cooperative Bank Ltd. After disputes arose within the Aga...

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Bombay High Court Quashes Proceedings Against Non-Signatory Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 requires clear allegations that the accused was in charge of and responsible for the conduct of business at the time of the offence....

The petitioner, Pradeep Khetshi Shah, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging the orders and ...