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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Bombay High Court Dismisses Insurance Company's Petition Challenging Ombudsman Award in Favor of Widow in Housing Loan Insurance Claim. Non-Disclosure of Pre-Existing Conditions Not Material to Risk, Ombudsman's Award Upheld.

This case involves a widow, Gauri V. Raut (Respondent No. 2), whose husband, along with her father-in-law and brother-in-law, passed away within a spa...

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Karnataka High Court Upholds Housing Board's Notification Restricting Allotment of Commercial Sites to Landowners in Land Acquisition Case. Condition No. 2 of Notification Dated 03.09.2016 Limiting Allotment to Residential Sites Only Upheld as Reasonable and Not Arbitrary.

The petitioners, Yallappa S/o Somappa Kori and others, were landowners whose lands were acquired by the Karnataka Housing Board for a housing scheme. ...

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Bombay High Court Dismisses Revision Against Eviction Order in Rent Control Dispute — Tenant's Granddaughters Not Entitled to Protection Under Section 13 of Bombay Rent Act as Agreement for Re-induction Was Not Executed

The case involves a civil revision application filed by Ms. Puja Suresh Gentle and another (applicants) against Tata Housing Development Co. Ltd. and ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

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Bombay High Court Dismisses Petitions Challenging Flyover Construction on Environmental Grounds — Held That Project Did Not Require Environmental Clearance as It Was a Linear Project on Existing Highway.

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the construction of a flyover and road widening project on ...

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High Court of Karnataka at Bengaluru Adjudicates Lapsing of Land Acquisition for BDA Scheme; Examines Applicability of Section 24(2) of 2013 Act and Section 27 of BDA Act

The High Court of Karnataka at Bengaluru was seized of multiple writ petitions concerning land bearing Sy.No.103 of Nagarabhavi Village, measuring fou...

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High Court of Judicature at Bombay Hears Appeal Against Company Law Board Order in Oppression and Mismanagement Petition. Company Appeal No.19 of 2009 Challenges CLB's Findings on Reduction of Shareholding, Removal of Director, and Valuation of Land Under Sections 397 and 398 of the Companies Act, 1956.

The case involved a dispute between shareholders of Pantheon Infrastructure Pvt. Ltd., a company formed to acquire and develop a 13-acre property in M...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...