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Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Allows Compassionate Appointment Despite Delay in Application by Minor Son of Deceased Police Constable. Technical Limitation Under Government Resolution Not Applicable When Earlier Application Was Made on Behalf of Minor.

The petitioner, Ritesh Gotmare, was the son of a police constable who died in a road accident along with his wife on 11.02.1996, when the petitioner w...

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Bombay High Court Allows De-exhibition of Documents in Civil Suit — No Opportunity Given to Prove Documents. Court holds that de-exhibition of documents is permissible under CPC and that plaintiff must be given opportunity to prove documents before they are excluded.

The petitioner, Sunil Tukaram Bharadkar, filed a civil suit (Civil Suit No.3600 of 2004) against the respondent, Santosh Gopichand Rane. On 19-7-2005,...

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Bombay High Court Allows Refund of Earnest Money in Tender Withdrawal Case — Forfeiture Order Set Aside. Petitioner's withdrawal of offer before tender opening due to delay held valid, and forfeiture of earnest money without contractual basis was illegal.

The petitioner, Vinod J. Agarwal, filed a writ petition seeking a declaration that the order of forfeiture of earnest money passed by the Mira-Bhayand...

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Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...