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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Dismisses Petition Challenging Rejection of Further Investigation Application in Death Case. Trial Court's Discretion Upheld as Applications Were Filed After Trial Commenced and Key Witnesses Examined.

The petitioner, Rabia Khan, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 16.09.2021 passed by the Special Ju...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon Case Under UAP Act. Court Finds No Prima Facie Evidence of Terrorist Act or Conspiracy Against Senior Professor.

The appellant, Dr. Anand Teltumbde, a senior professor and chair of Big Data Analytics at Goa Institute of Management, was arrested as accused No.10 i...

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Bombay High Court Dismisses Conductor's Petition Challenging Dismissal Order in Misappropriation Case. Labour Court's finding that domestic enquiry was fair and findings were not perverse upheld by Industrial Court and High Court.

The petitioner, a conductor employed by the Maharashtra State Road Transport Corporation, was charged with misappropriating Rs. 58 by issuing blank pa...

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Bombay High Court Dismisses Petition Challenging Cancellation of Tender for Textile Mill Land Sale. Petitioner failed to demonstrate any legal right to compel conclusion of sale after tender was cancelled due to non-compliance with terms.

The petitioner, M/s Drushti Engineers & Developers, a partnership firm, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...