Bombay High Court

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Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015....

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed under Order XXXVII of the Code of Civil Procedure, ...

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High Court of Bombay Answers Reference on Applicability of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bench Composition for Section 14-A Appeals. Reference Arises from Multiple Criminal Appeals Concerning Bail Orders in Atrocities Act Cases....

Background: The High Court of Bombay was seized of multiple criminal appeals arising under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appeals involved challeng...

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Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend....

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for recovery of professional fees amounting to Rs. 1,2...

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Bombay High Court Dismisses Commercial Suit for Specific Performance Due to Non-Disclosure of Cause of Action and Lack of Readiness and Willingness. Plaintiff failed to prove readiness and willingness to perform her part of the agreement and did not disclose a valid cause of action for specific performance of an agreement to sell....

The plaintiff, Miloni Shah, filed a Commercial Suit seeking specific performance of an agreement to sell dated 15th March 2019, allegedly entered into with the defendants for the purchase of a flat. T...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction....

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the Appellant, Gajanan Chintaman Gujar, who was defen...

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Bombay High Court Dismisses Second Appeal in Land Possession Dispute — Zilla Parishad Cannot Retain Land Without Acquisition. The court held that the Zilla Parishad's possession of private land without acquisition proceedings does not confer title, and the suit for recovery of possession is not barred by limitation....

The present second appeal arises from a suit filed by the original plaintiffs (respondents 1 and 2) against the Zilla Parishad, Parbhani (appellant 1) and the Gramsevak (appellant 2), along with the S...

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Bombay High Court Allows Petitioners' Appeal in Land Revenue Case — Pre-deposit of 25% Amount Not Mandatory for Filing Appeal Under Section 247 of Maharashtra Land Revenue Code, 1966. The court held that the first proviso to Section 256(2) of the MLRC requiring pre-deposit applies only to appeals under Section 256, not to appeals under Section 247....

The petitioners, Avinash Madhukar Kharat and Dhanaji Rajaram Patil, filed a writ petition in the Bombay High Court challenging an order dated 27 April 2017 passed by the Sub-Divisional Officer (Respon...

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Bombay High Court Quashes Demand for Extension Fee Against Co-operative Society in Land Allotment Dispute — Government Resolution Dated 1st March 2019 Held Inapplicable to Allotments Made Prior to Its Issuance....

The Petitioner, Bhiwandi Powerloom Co-operative Society Ltd., was allotted land admeasuring approximately 10 acres and 5 gunthas in Village Savande, Taluka Bhiwandi, by order dated 9th September 1977,...

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Bombay High Court Upholds Employer in Unfair Labour Practice Dispute; Sets Aside Labour Court Reinstatement. Employee's Voluntary Admission of Misappropriation in Departmental Enquiry Precluded Unfair Labour Practice Claim Under Article 227....

The dispute arose from a disciplinary action taken by the employer, the Chief Executive Officer, Sangli Zilla Parishad, against the employee, a Gramsevak. The employee was appointed in 1966 and served...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance....

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condition No. 1 while considering the petitioner's buil...