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Bombay High Court Upholds Removal of Bank Officer in State Bank of India Disciplinary Case. Penalty of Removal from Service under Rule 67(i) of State Bank of India Officers Service Rules Upheld as Not Disproportionate to Charges of Irregularities as Branch Manager.

The petitioner, Gopal Vajani, was employed by the State Bank of India (the Bank) since 1978, rising from Clerk-cum-typist to Scale-III officer. He was...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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Bombay High Court Dismisses Petition Seeking FIR Registration in Investment Dispute — Civil Nature of Complaint Upheld. Court held that the dispute involving alleged misappropriation of funds by company directors was primarily civil in nature, and the police's closure of enquiry was justified.

The petitioner, M/s. Fairwinds Asset Managers Ltd., acting as fund manager for Reliance Alternative Investments Fund – Private Equity Scheme I (RAIF...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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Bombay High Court Dismisses Contempt Notice Against Court Receiver in Specific Performance Suit — No Willful Disobedience Established. Filing of Clarification Application by Receiver Held Not Contemptuous Under Contempt of Courts Act, 1971.

The Plaintiff, M/s. Sagar Construction Company, filed a suit for specific performance of an agreement for sale dated 16th October 1985 concerning prop...

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High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced.

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Mar...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Award Upheld. The court found no error in the Tribunal's assessment of compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of Rajesh Shah in a vehicular accident.

The case involves an appeal by the New India Assurance Company Limited against the judgment and award dated 23rd September 2011 passed by the Motor Ac...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...