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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

23 Feb 2021

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

High Court

Bombay High Court Quashes Municipal Resolution and Restores Technical Clearance for Construction — Unilateral Withdrawal of Technical Clearance Without Hearing Violates Natural Justice. The court held that the Town and Country Planning Department could not keep its technical clearance in abeyance based on a municipal resolution without affording the petitioner an opportunity of hearing, and the municipal council had no jurisdiction to object to the technical clearance.

17 Jan 2020

The petitioner, Shri Shailesh Vernekar, is the owner of property bearing survey no.52/1-A at Chaudi, Canacona, Goa, where he proposed to put up constr...

High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Order Refusing to Issue Process Under Section 406 IPC in License Agreement Dispute. Court Held That Dispute Was Purely Civil in Nature and No Criminal Offence Was Made Out.

29 Jul 2010

The petitioner, Sharan P Khanna, owned certain premises and entered into a license agreement with respondent No.1, Oil & Natural Gas Corporation Ltd. ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was a pillion rider on a motorcycle driven by a third party, the insurer of the offending vehicle is liable only to the extent of its insured's negligence, and contributory negligence must be apportioned.

30 Nov -0001

The case arises from a motor accident claim filed by the legal representatives of a deceased person who died in a road accident. The deceased was a pi...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Section 462 Cr.P.C. Bars Quashing on Ground of Want of Jurisdiction. Court holds that even if the complaint was filed at a place without territorial jurisdiction, the proceeding cannot be quashed; the proper remedy is to seek return of complaint under Section 201 Cr.P.C.

29 Nov 2012

The petitioner, Madan Motichand Gupta, proprietor of Quick Services, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

17 Dec 2012

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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