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Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

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Bombay High Court Dismisses Tenant's Writ Petition in Rent Default and Subletting Case — Concurrent Findings of Fact Not Disturbed Under Article 227. Consent Decree Rent Treated as Standard Rent; Subletting Proved by Documentary Evidence.

The petitioner, a partnership firm, was a tenant in a building owned by the respondents. The building was demolished and reconstructed, and the tenant...

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Bombay High Court Allows Writ Petition of Assistant Professors Seeking Permanent Status and Benefits. University's Year-to-Year Appointments Held Invalid as Petitioners Were Appointed Against Clear Vacancies and Continued for Years.

The petitioners, four individuals working as Assistant Professors at Shivaji University, Kolhapur, filed a writ petition seeking directions to treat t...

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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 Allows Construction of Residential Service Apartments in IT Park Under IT Policy 2009. MIDC's refusal to approve amended plans quashed as arbitrary and contrary to the IT Policy 2009 and the provisional commencement certificate granted earlier.

The petitioners, National Standard (India) Limited and its director, challenged an order dated 14/9/2011 by which the Maharashtra Industrial Developme...

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Bombay High Court Allows Writ Petition Challenging Property Tax Demand for Vacant Land Under Section 154 of the Mumbai Municipal Corporation Act, 1888 — Held That Land Used for Storage of Raw Material and Finished Goods Is Not 'Vacant Land' and Is Exempt from Tax.

The petitioner, Mukand Limited, a company incorporated under the Indian Companies Act, 1913, challenged demand notices issued by the Municipal Corpora...