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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Dismisses Petition Challenging Municipal Tax on Mobile Towers Following Supreme Court Precedent. Mobile Towers Held Taxable as 'Land' Under Municipal Corporation Acts Despite Absence of Specific Definition.

The petitioner, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, challenged the exigibility of mobile towers to munic...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

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WRIT PETITION (L) NO. 2317 OF 2019

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Bombay High Court Dismisses Appeal as Infructuous in Banking Dispute Due to Transfer and Disposal of Original Suit by Debts Recovery Tribunal. Appeal arising from summary suit becomes infructuous when the original suit is transferred to and disposed of by the Debts Recovery Tribunal.

The appeal arose from a summary suit filed by Punjab & Sind Bank against the appellants and others. During the pendency of the appeal, the original su...

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Bombay High Court Dismisses Appeal as Infructuous in Banking Recovery Case Due to Transfer of Suit to Debts Recovery Tribunal. Appeal Becomes Infructuous When Original Suit Is Transferred to DRT and Disposed of by Judgment Dated 14th January 2005.

The appeal arose from Summary Suit No.2026 of 1992 filed by Punjab & Sind Bank against the appellants and others. The suit was transferred to the Debt...