APPEAL NO. 313 OF 2015...
These appeals arose from a common judgment and order dated 31st March 2015 passed by a Single Judge of the Bombay High Court in two proceedings: Suit No.503 of 2014 (a suit for administration of the e...
Bombay High Court
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High Court
Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside....
The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Reconstruction Company (India) Ltd., is a securitisat...
- 110
High Court
Bombay High Court Hears Challenge to Reservation in Promotion Policy of Mumbai Port Trust; Office Memorandum Dated 21 January 2002 Under Scrutiny. Petitioners Allege Violation of M. Nagaraj Principles and 100% Reservation for SC/ST in Office Superintendent Cadre....
The writ petition was filed by the Mumbai Port Trust Non SC/ST Employees Association, an association registered under the Trade Unions Act representing general category employees of the Mumbai Port Tr...
- 685
High Court
Bombay High Court Allows Petitioners to Complete Cross-Examination in Civil Suit Due to Advocate's Inability to Remain Present — Orders Evidence Reopened on Cost. The court set aside closure of cross-examination and evidence, directing payment of Rs. 5,000/- costs to respondents for a liberal approach in civil cases....
The petitioners, who are defendants in a civil suit, challenged two orders of the Civil Judge, Junior Division at Margao: one dated 1.4.2016 closing the cross-examination of PW1, and another dated 26....
- 125
High Court
Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application....
The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appellate Tribunal (DRAT) in Appeal No. 79 of 2008. The ...
- 198
High Court
Bombay High Court Dismisses Petition Challenging Maintainability of Unfair Labour Practice Complaint Against Airline Services Provider. Services like aircraft cleaning and baggage handling are not 'air transport services' and the Central Government is not the appropriate government under Section 2(a)(i) of the Industrial Disputes Act, 1947....
The Petitioner, M/s. Livewel Aviation Services Pvt. Ltd., is engaged in providing various services to airline companies within airport precincts, including exterior and interior aircraft cleaning, bag...
- 263
High Court
Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement....
The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaintiff, Wockhardt Ltd. The agreement contained an arb...
- 183
High Court
Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata....
The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bearing survey no.222 (old), 234 (new) and survey no.2...
- 262
High Court
Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908....
The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No. 111, Hissa No. 1, situated at Gadhinglaj, Distri...
- 137
High Court
Bombay High Court Allows Petitions Challenging Cancellation of FL-3 Licenses for Non-Payment of License Fees — Held that License Fee is Not a Tax and Arrears Cannot Be Recovered Under the Maharashtra Land Revenue Code. The court quashed cancellation orders and directed restoration of licenses, ruling that recovery of license fee arrears must follow the procedure under the Bombay Prohibition Act, 1949 and not the Maharashtra Land Revenue Code, 1966....
The petitioners, holders of FL-3 licenses for retail sale of foreign liquor, challenged the cancellation of their licenses by the State Excise authorities for non-payment of license fees. The petition...
- 191
