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High Court of Bombay Considers Whether Aurangabad Court Had Territorial Jurisdiction Under Section 9 of the Arbitration Act for Property in Hingoli. District Court Held It Lacked Jurisdiction; Appeal Outcome Not Provided.

The dispute arose out of a partnership firm, M/s Kasliwal Empire, formed by the appellant and respondent on 7.3.2007 for developing housing projects. ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

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Bombay High Court Quashes Proceedings in Complaint Under Section 156(3) Cr.P.C. Due to Inordinate Delay and Non-Compliance with Mandatory Requirements. Magistrate's Order Without Application of Mind and 14-Year Delay in Investigation Constitute Abuse of Process, Proceedings Quashed Under Section 482 Cr.P.C.

The petitioners, Sayed Anwar Ahmed and Sayed Ghulam Raza Naqvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read wit...

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Bombay High Court Dismisses Interim Application for Stay in Testamentary Suit for Revocation of Probate — No Prima Facie Case Established. Mere filing of caveat does not entitle a party to stay of probate proceedings under Indian Succession Act, 1925.

The judgment pertains to an interim application filed by the original defendants in a testamentary suit seeking revocation of probate. The applicants,...

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Bombay High Court Dismisses Application Under Rule 133 for Delay in Seeking Adjournment to Judge — Security Order Already Set Aside by Higher Courts. Application Filed Beyond Four-Day Limitation Period Without Sufficient Cause Under Rule 133 of Bombay High Court (Original Side) Rules, 1980.

The applicant, Suresh Lachhmandas Raheja, the original plaintiff in Suit No.3190 of 2006, filed an application under Rule 133 of the Bombay High Court...