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Bombay High Court Dismisses Petition Challenging Rejection of Objection to Admissibility of Documents in Evidentiary Affidavit. Court holds that objection to admissibility of documents must be raised at the time of marking of exhibits and not at the stage of filing of affidavit under Order XVIII Rule 4 CPC.

The petitioner, Mohanraj Rupchand Jain alias Chhajed, filed a writ petition challenging two orders: (1) the order dated 3rd December 2005 passed by th...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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Bombay High Court Allows Writ Petition Seeking Ab Initio Service Tax Exemption for SEZ Unit. Procedural Condition of Authorization Does Not Delay Exemption from Date of Application Under Notification No.12 of 2013.

The petitioner, Sai Wardha Power Company Limited, a power generating unit in the Special Economic Zone (SEZ) at Warora, filed a writ petition seeking ...