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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Supreme Court Reviews Its Own Judgment That Struck Down Ex Post Facto Environmental Clearance Notifications Under Environment (Protection) Act. Review Petition Seeks Recall Citing Overlooked Binding Precedents.

Background: The present matter is a review petition arising from the Supreme Court's judgment in Vanashakti v. Union of India, dated 16 May 2025, whic...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Supreme Court Dismisses Tenants' Appeal in Eviction Case Under Maharashtra Rent Control Act — Non-User, Nuisance, and Subletting Grounds Upheld. Tenancy in Minor's Name Valid After Attaining Majority; Father's Possession Deemed Unauthorized Subletting.

The Supreme Court dismissed the appeal filed by the tenants against the eviction decree passed by the Bombay High Court. The original suit was filed b...

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Bombay High Court Allows Appeal in Unfair Labour Practice Case, Restores Compensation. Functional Integrality between two companies established, making them jointly liable for unfair labour practices under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

The appeal was filed by workmen against the judgment of a learned Single Judge of the Bombay High Court, who had set aside the order of the Industrial...

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Bombay High Court Dismisses Appeal Against Order Upholding Arbitral Award Refusing Specific Performance of School Sale Agreement. Purchaser's Lack of Readiness and School Closure Justify Non-Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The dispute concerned an agreement for the sale of a running school entered into in 1999 between a public charitable trust as purchaser and the origin...

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Bombay High Court Quashes EPF Recovery Orders Against Closed Cooperative Society — No Employees, No Liability Under EPF Act. Ginning Factory Closed Since 2003 with Disconnected Electricity Supply; Impugned Orders for Period After Closure Set Aside.

The petitioner, M/s. Utkarsha Vividha Karyakari Sahakari Society, a cooperative society registered under the Maharashtra Co-operative Societies Act, r...

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Bombay High Court Directs State to Withdraw POTA Prosecution Following Review Committee's Finding of No Prima Facie Case. The Court holds that direction under Section 2(3)(a) of Prevention of Terrorism (Repeal) Act, 2004 is binding and results in automatic deemed withdrawal, overriding Section 321 CrPC.

The case involved two accused, Mohd. Rizwan and Mohd. Hassan, who were being tried under the Prevention of Terrorism Act, 2002 (POTA) along with other...