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High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Allows Advocate's Petition Against Misconduct by Special Executive Magistrate in Section 107 CrPC Proceedings. Court Holds That Police Officers Acting as Executive Magistrates Must Follow Judicial Procedure and Cannot Humiliate Advocates.

The judgment pertains to two criminal writ petitions filed before the Bombay High Court, Nagpur Bench, challenging the practice and procedure adopted ...

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Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Territorial Jurisdiction and Interim Relief. Held that DRT Ahmedabad had jurisdiction to entertain the bank's recovery application and that the Appellate Tribunal's refusal to grant interim relief was justified.

The petitioner, M/s. GTCL Mobile-Com Technology Limited, a company registered under the Companies Act, challenged two orders: (1) an order dated 14-11...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...