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Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal....

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued by the Circle Officer, Mandvi, Taluka Vasai, Distr...

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Bombay High Court Allows State's Appeal Against Arbitral Order, Directs Bank Guarantee to Continue Pending Arbitration. The Court upheld the order directing the State to furnish a bank guarantee of Rs. 12,03,12,937/- pending arbitration proceedings under Section 9 of the Arbitration and Conciliation Act, 1996....

The State of Maharashtra, through the Department of Women and Child Development, filed a commercial appeal against an order dated 15th June 2018 passed in Arbitration Petition No. 619 of 2018. The ord...

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Company's Ability to Secure Debt. Section 434(1)(a) of Companies Act, 1956 Requires Creditor to Consider Offer of Security Before Deeming Company Unable to Pay Debts....

The appeal was filed by Stonemann Royale Limited against an order dated 19 March 2018 made by the learned Company Judge admitting and ordering advertisement of Company Petition No. 1205 of 2015 seekin...

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Bombay High Court Partially Allows Petition Challenging Retrospective Pay Revision for Unaided Private Engineering College. Government Resolutions directing retrospective implementation of 5th and 6th Pay Commission recommendations held not binding on unaided private institutions, but prospective implementation required....

The petitioners, D.Y. Patil College of Engineering and its managing trust D.Y. Patil Pratisthan, filed a writ petition before the Bombay High Court challenging two Government Resolutions dated 20.10.2...

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High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction and Absence of Offence Under Section 498A IPC. The court held that the alleged acts of cruelty occurred outside India and the complainant's residence in Aurangabad did not confer jurisdiction under Section 179 Cr.P.C....

The applicants, Mangesh Bhalerao (husband), Laxmikant Bhalerao (father-in-law), Niranjan Bhalerao (brother-in-law), and Priya Bhalerao (sister-in-law), filed a criminal application under Section 482 C...

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High Court of Karnataka Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Injured Claimants. Negligence of Driver Established, Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988....

The case involves three appeals filed by Bajaj Allianz General Insurance Co. Ltd. against separate awards of the Motor Accident Claims Tribunal, Bellary, in MVC Nos. 528/2011, 369/2011, and 370/2011. ...

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High Court of Bombay at Nagpur Upholds Discharge of Accused in School Van Accident Case — No Prima Facie Case of Rash or Negligent Driving. Court holds that mere involvement in an accident does not establish rash or negligent driving under Sections 279, 304-A IPC and Motor Vehicles Act....

The present criminal revision was filed by the complainant, Ashok Tarachand Ramteke, challenging the order of the Sessions Judge, Wardha, who discharged the respondent no.2/accused from Sessions Trial...