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Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

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Bombay High Court Dismisses Appeal Against Ex-Parte Arbitral Award in Refund Dispute — Deliberate Non-Participation by Respondent Justifies Ex-Parte Proceedings. Section 34 Petition Rejected as Award Was Reasoned and Based on Uncontroverted Evidence Under Arbitration and Conciliation Act, 1996.

The appeal arose from an order dated 31 January 2014 passed by a learned Single Judge of the Bombay High Court dismissing Arbitration Petition No.841 ...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Credible Evidence and Uncorroborated Trap Proceedings. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Mahalingappa, a retired Junior Engineer of KPTCL, was convicted by the Special Judge and Principal Sessions Judge, Bidar, in Special Ca...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Alleged Offences Against Brother. Court finds no credible material to warrant transfer of investigation to Crime Branch, as police had already conducted inquiry and found no substance in allegations.

The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to a...

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Bombay High Court Allows Enhanced Compensation in Motor Accident Claim for Miscarriage and Permanent Disability. Compensation enhanced from Rs.3,000 to Rs.1,00,000 with interest at 6% per annum from date of petition.

The appellant, Shantabai Shivaji Kale, a pregnant woman, was cleaning utensils outside her house on 9.11.1991 when a lorry bearing No.MTS-1757 hit her...