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Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Failure to Disclose Material Facts. Reassessment Beyond Four Years Invalid Without Proof of Non-Disclosure Under Section 147 of Income Tax Act, 1961.

The petitioner, 3i Infotech Limited, challenged a notice dated 18 March 2009 issued by the Assistant Commissioner of Income Tax seeking to reopen the ...

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Bombay High Court Dismisses Bank's Petition Challenging Banking Ombudsman Award for Wrongful Debit Despite Stop Payment Instructions. Bank's Liability Upheld as Limitation Period Under Banking Ombudsman Scheme 1995 is Directory, Not Mandatory.

The case involves a dispute between Canara Bank (the petitioner) and Shri Uttam Rathod (respondent no.1), a proprietor of M/s. Rishi Impex, who held a...