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Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Court Upholds Award of Mesne Profits and Rejection of Set-Off Claim Under Specific Relief Act and Partnership Act

The case involves three writ petitions filed by M/s Resources International, Mr. Dipak M. Rajani, Mrs. Meena D. Rajani, and M/s Resourceful Earthmover...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case, Allows Additional Deduction Claim Without Revised Return. Assessee's claim for deduction under Section 43B of Income Tax Act, 1961, though not made in original return, is admissible before appellate authorities.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which upheld the assessee's...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application for Certified Copy of Will Under Section 57 of Indian Succession Act, 1925 — Held That Application for Certified Copy of Will Cannot Be Rejected on Ground That Will Was Not Registered or That Probate Was Not Obtained.

The petitioners, who are the legal heirs of the deceased Shrimantrao Patil, filed a writ petition challenging the order dated 24.11.2009 passed by the...

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Bombay High Court Allows Recall of Witnesses for Cross-Examination in Sessions Trial Due to Counsel's Inadvertence and Illness. The court set aside the trial court's rejection of recall applications, holding that the accused should not suffer due to counsel's inadvertence and illness.

The applicant, Namdeo Arjun Rangari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the orders da...

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Bombay High Court Allows Defendant to File Written Statement in Civil Suit Due to Inadvertence and Old Age. The court set aside the trial court's order rejecting the application to file written statement, holding that the suit should be decided on merits rather than on technicalities.

The case involves a writ petition filed by the defendant (Pundlik Laxman Kawarse and another) challenging an order dated 12.04.2005 passed by the Civi...