High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in FEMA Case — Nominee Director Not Vicariously Liable for Acts of Subordinates. The Court held that a nominee director of a joint venture company cannot be held vicariously liable under the Foreign Exchange Management Act for acts of commission or omission of subordinates without specific knowledge or involvement....

The appellant, Shri M.M. Shah, was the paid Managing Director of Indian Card Clothing Ltd. (ICC) from 1994 to 1997. ICC and Spifa Germany promoted a joint venture company, Suessen Asia Ltd. (SA Ltd.),...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period....

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Road, Mumbai. The defendant, M/s. Shree Ram Mills Ltd...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Section 11 Arbitration Petition and Condonation of Delay — Holds Article 137 of Limitation Act Applies to Applications Under Section 11 of Arbitration and Conciliation Act, 1996. Delay of Four Months Condoned as Municipal Commissioner Failed to Respond to Invocation of Arbitration Clause....

The petitioner, Leaf Biotech Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator, along with a Civil Applicati...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Petition Under Section 11 of Arbitration and Conciliation Act, 1996 for Appointment of Substitute Arbitrator After Named Arbitrators Refuse to Act. Refusal of Named Arbitrators Does Not Exhaust Arbitration Agreement; Sections 14 and 15 Permit Substitution Unless Contrary Intention Appears....

The petitioners filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a substitute arbitrator after the two named arbitrators in the arbi...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal by Air India, Upholds Dismissal of Air Hostess for Unauthorized Absence After Maternity Leave. The court held that the Industrial Tribunal's order of reinstatement was perverse and that the employer's decision to dismiss was justified under the Model Standing Orders....

The litigation between Air India Limited (appellant) and Ms. Shashikala Jatav (respondent) has been ongoing for two decades. The respondent was employed as a Trainee Air Hostess with Air India on 17th...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Restoration of Appeal Dismissed for Default in Civil Suit for Injunction — Power of Attorney Holder Can Represent Illiterate Parties. The court held that the absence of the power of attorney holder due to medical treatment constituted sufficient cause for restoration of the appeal....

The petitioners, Satkuntalabai and Sumanbai, along with others, filed Regular Civil Suit No. 17 of 2006 before the Civil Judge, Junior Division, Jintur, seeking a perpetual injunction against the resp...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Allows Appeal by Co-operative Bank in Mortgage Suit, Holding That Bank Cannot Consolidate Mortgages Under Section 67A of Transfer of Property Act, 1882. Mortgage by Limited Owners (Widow, Son, Daughter-in-Law) Without Legal Necessity Not Binding on Reversioners (Daughters) Under Hindu Succession Act....

The appeal arises from a judgment/decree dated 17/10/2005 in Special Civil Suit No.55/99/III (old) by the Civil Judge, Senior Division, Canacona, decreeing the suit filed by respondent no.1 (plaintiff...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Quashes Order Deleting Defendant Without Deciding Arbitration Application. Trial Court Cannot Delete Party Without Adjudicating Application Under Section 8 of Arbitration and Conciliation Act, 1996....

The petitioner, M/s. GTS Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14.10.2008 passed by the learned Ad hoc Additional District Judge-I,...

© Image Copyrights Juris Services & Technology

Bombay High Court at Goa Dismisses Writ Petition Challenging Administrative Tribunal's Order — Petitioner Lacks Locus Standi as Non-Party. The court held that a person not a party to proceedings before an administrative tribunal cannot challenge its order without showing direct and substantial affectation of rights....

The petitioner, Shri Ranjit Satardekar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, challenging an order passed by the Administrative T...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven....

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District Judge-II, North Goa, Panaji, in Miscellaneous Appea...