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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Grants Decree for Infringement of Trademark and Copyright in Colgate Tooth Powder Can. Plaintiffs proved that defendants used a deceptively similar can for tooth powder, infringing registered trademark No. 290361 and copyright in the artistic work.

The plaintiffs, Colgate-Palmolive Company and Colgate Palmolive (India) Limited, filed a suit in the Bombay High Court against M/s. Hindustan Rimmer a...

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Bombay High Court Directs Railways to Pay Dues to Widow Based on Succession Certificate. Succession Certificate Granted by Competent Court is Conclusive Evidence of Title Under Indian Succession Act, 1925.

The petitioner, Smt. Shashikala A. Kisan Awad, filed a Notice of Motion seeking a direction to the respondent, Divisional Office, Central Railway, to ...

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Bombay High Court Discharges Contempt Notice Against Rajeev Dixit in Official Liquidator Lock Breaking Case. Breaking open lock and seal of Official Liquidator does not constitute contempt under Contempt of Courts Act, 1971 as no specific court order prohibited such act.

The present show cause notice was issued against Rajeev M Dixit for breaking open the lock and seal of the Official Liquidator which was placed on the...

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Bombay High Court Allows Reference by Land Acquisition Officer in Apportionment Dispute Under Section 30 of Land Acquisition Act, 1894 — Claimant No. 1 Held Entitled to Entire Compensation as Owner of Acquired Land.

The Land Acquisition Officer filed a reference under section 30 of the Land Acquisition Act, 1894, seeking determination of apportionment of compensat...

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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...

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Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Alleged Illegal Construction. Court upholds trial court's order restraining construction pending determination of title and compliance with municipal regulations.

The case involves an appeal against an ad-interim injunction granted by the trial court restraining the appellants from carrying out construction on a...