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High Court

Bombay High Court Dismisses Wife's Appeal Against Divorce Decree in Cruelty and Desertion Case. Multiple false criminal complaints and failure to resume cohabitation after restitution decree constituted mental cruelty under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

25 Apr 2024

The appellant-wife challenged the judgment and decree of divorce granted to the respondent-husband under Section 13(1)(i-a) and 13(1-A)(ii) of the Hin...

High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Osho Foundation Dispute — Appointment of Trustees Set Aside for Violation of Natural Justice and Trust Deed Provisions. The court held that the Charity Commissioner's power under Section 47 of the Maharashtra Public Trusts Act, 1950 must be exercised in accordance with the trust deed and after hearing all interested parties.

8 Apr 2024

The petitioner, Osho International Foundation, a public trust, challenged the order of the Charity Commissioner, Maharashtra State, dated 8 April 2024...

High Court

Bombay High Court Partially Allows Promoter's Appeal in RERA Interest Dispute — Interest on Delayed Possession to Run from 1 July 2016, Not 1 January 2020, But COVID Period Excluded from Interest Liability. The court held that the promoter is liable to pay interest from the date of default as per the agreement, but the COVID-19 pandemic period is excluded from interest liability.

23 Jan 2024

The case involves two appeals filed by M/s. Pragatej Builders And Developers Pvt. Ltd. (the promoter) against a common judgment and order dated 7 Febr...

High Court

Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC Regarding Will Validity and Adverse Possession.

23 Jan 2024

The case involves a property dispute among family members. The original plaintiff, Indumati Anantrao Naik (since deceased and represented by legal rep...

High Court

Bombay High Court Dismisses Commercial Suit for Specific Performance Due to Non-Disclosure of Cause of Action and Lack of Readiness and Willingness. Plaintiff failed to prove readiness and willingness to perform her part of the agreement and did not disclose a valid cause of action for specific performance of an agreement to sell.

1 Sep 2023

The plaintiff, Miloni Shah, filed a Commercial Suit seeking specific performance of an agreement to sell dated 15th March 2019, allegedly entered into...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Court holds that existence of arbitration clause in contract documents is sufficient to refer disputes to arbitration, and that the applicant's claims are not barred by limitation as the contract was not fully terminated.

4 Aug 2023

The applicant, Capacite Infraprojects Ltd, a construction company, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Defendant's Right to Raise Jurisdictional Objection Not Waived by Filing Written Statement. The court held that Order VIII Rule 1 of the Code of Civil Procedure, 1908 does not bar a defendant from raising a jurisdictional objection after filing a written statement, and that the trial court must decide such objection as a preliminary issue under Section 9A of the CPC.

14 Jul 2023

The appellant, Niloufer Soli Lam, was the original defendant in a suit filed by the respondent, Zarir Pesi Bharucha, seeking possession and mesne prof...

High Court

Bombay High Court Dismisses Appeal Against Order Allowing Withdrawal of Fixed Deposits to Pay Statutory Dues in Family and Corporate Dispute. Court upholds trial court's discretion to permit defendant No.1 to liquidate company fixed deposits for payment of property tax and income tax, subject to undertaking.

28 Jun 2023

The appeal arises from an order dated 11 November 2019 passed by the City Civil Court, Greater Bombay, in Notice of Motion No.1182 of 2019 in SC Suit ...

High Court

Bombay High Court Allows Accused's Cross-Examination in NI Act Case - Right Under Section 145(2) Not Conditional on Written Statement. The court held that the accused's right to cross-examine the complainant under Section 145(2) of the Negotiable Instruments Act, 1881 is absolute and not dependent on filing a written statement, setting aside the trial court's rejection order.

9 May 2023

The petitioner, Rakesh Singh, filed two criminal writ petitions challenging the order dated 07/10/2023 passed by the trial court in two complaints und...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

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