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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Witnesses. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 147, 148, 302, 201 read with 149 IPC.

The State of Maharashtra appealed against the acquittal of seven accused persons by the IIIrd Additional Sessions Judge, Raigad in Sessions Case No. 6...

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Bombay High Court Allows Petition of Disabled Employee Against Private Company for Violation of Persons with Disabilities Act, 1995. Employer Directed to Re-Employ or Pay Compensation for Hearing Loss Acquired Due to Unsafe Work Environment.

The petitioner, Shree Satish Prabhakar Padhye, a person with hearing disability, filed a writ petition under Article 226 of the Constitution of India ...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...