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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented....

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Milind Madhuka...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored....

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the first respo...

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High Court of Bombay at Goa Partly Allows Insurance Company's Appeal in Workmen's Compensation Case — Interest Rate Reduced from 12% to 9% p.a. The Court held that the Commissioner erred in awarding interest at 12% p.a. under Section 4A of the Workmen's Compensation Act, 1923, and reduced it to 9% p.a....

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and order dated 13/05/2010 passed by the Commissioner for Workmen's Compensation, Goa, which awarded compensation of Rs...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award for Recovery of Money Due Under Agreement. Court Holds That Arbitrator's Findings on Factual Issues and Interpretation of Contract Are Not Open to Interference Under Section 34 Unless Perverse or Contrary to Public Policy....

The appeal arises from a dispute between M/s. Trimurti Exports (appellant) and M/s. Modelama Exports Limited (respondent) concerning a mining concession. The respondent claimed amounts due under an ag...

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Bombay High Court Quashes Refusal to Approve Appointment in Minority Institution — MEPS Rules Not Applicable to Non-Aided Minority Schools. Director of Vocational Education erred in applying Rule 9(7)-(10) of MEPS Rules to a non-aided minority institution, violating Article 30(1) of the Constitution....

The petitioners, Dr. Antonio Da Silva Technical High School and Junior College and its managing trust, are a non-aided minority educational institution. They challenged an order dated 21 February 2015...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate....

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma, claimed to be the true owner, having purchased th...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in a Fatal Stabbing Case. The court confirmed the appellant's conviction under Section 304 Part II IPC for causing death during a sudden fight, but reduced the sentence for causing hurt under Section 324 IPC to the period already undergone....

The appellant, Kailas Hanumant Nalawade, was convicted by the Additional Sessions Judge, Pune on 31.1.2015 for offences under Section 304 Part II (culpable homicide not amounting to murder) and Sectio...

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Bombay High Court Dismisses Writ Petition Challenging Tender Cancellation by Zilla Parishad — No Right to Claim Contract After Tender Cancellation. The Court held that a tenderer has no vested right to have a tender accepted and that the authority can cancel the tender process for valid reasons, including financial constraints....

The petitioners, a group of individuals and construction firms, filed a writ petition under Article 226 of the Constitution of India challenging the decision of the Zilla Parishad, Jalna, to cancel a ...