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Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

Supreme Court

Supreme Court Quashes Detention Order in COFEPOSA Case Due to Non-Supply of Vital Material and Inordinate Delay in Deciding Representation. Preventive detention under Section 3(1) of COFEPOSA set aside as statements of key witness not furnished to detenu, violating Article 22(5) right to make effective representation.

31 Jul 2024

The appellant, wife of detenu Appisseril Kochu Mohammed Shaji, challenged the detention order dated 31.08.2023 passed under Section 3(1) of COFEPOSA b...

Supreme Court

Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302/34 IPC and Section 120B IPC Set Aside as Prosecution Failed to Prove Conspiracy and Involvement of Accused Beyond Reasonable Doubt.

31 Jan 2020

The case pertains to the murder of two individuals, Raja Mohammed (D1) and Raj Mohammed (D2), on the night of 28 December 1990 near Sarayananthal, Pap...

High Court

Bombay High Court Disposes of News Broadcaster's Petition Challenging RBI Refusal to Accept Compounding Applications Under Foreign Exchange Management Act. The Court Examines the Compounding Process and the Validity of the 2017 Amendment to Rule 8(2) Barring Compounding When Section 37A Proceedings Are Contemplated.

26 Jun 2018

The petitioner, a public limited news broadcasting company, filed a writ petition under Article 226 of the Constitution of India challenging the actio...

High Court

Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

8 Jun 2018

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

29 Aug 2017

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

High Court

Bombay High Court Sets Aside Family Court Order Dismissing Wife's Divorce Petition as Res Judicata, Holding Dubai Divorce Decree Not Conclusive. The court ruled that a foreign divorce granted by a court lacking jurisdiction under the parties' personal law and not adjudicated on merits cannot bar a subsequent petition under the Hindu Marriage Act, 1955, and Section 13 of the Code of Civil Procedure, 1908.

11 Aug 2017

The appeal arose from the order of the Family Court at Bandra, Mumbai, which dismissed the wife's petition for divorce, maintenance, and accommodation...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Petitioner in Arbitration Enforcement Case — Award Declared Enforceable as Decree. Court Rejects Public Policy and Natural Justice Objections, Orders Asset Disclosure by Respondent Under Sections 44-48 of Arbitration and Conciliation Act, 1996.

3 Dec 2015

The petitioner, Eitzen Bulk A/S, a Danish company, entered into a Contract of Affreightment (COA) with the respondent, Ashapura Minechem Ltd., an Indi...

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