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Bombay High Court Dismisses Appeals Against Injunction Order in Pledge Dispute, Upholds Ad-Interim Relief Despite Delay in Pronouncement. Delay of Over One Year in Passing Interlocutory Order Does Not Automatically Vitiate It Unless Prejudice Is Demonstrated.

The case involves three commercial appeals filed under Section 13(1-A) of the Commercial Courts Act, 2015, challenging an order dated 5 June 2023 pass...

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Bombay High Court Considers Second Appeal Challenging Rejection of Condonation of Delay in Appeal Against Injunction Decree. The Court Analyzed Principles Governing Condonation of Delay Under Section 5 of the Limitation Act, 1963, as Laid Down in Esha Bhattacharjee v. Managing Committee.

The case involved an application for condonation of delay filed by the Superintending Archaeologist, Archaeological Survey of India, in appealing a de...

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High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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“Inordinate Delay of 4828 Days Not Condoned: Landmark Ruling on Limitation Act in Land Acquisition Cases”

The appellants (landowners) filed an appeal seeking enhancement of compensation awarded under the Land Acquisition Act. However, the appeal was filed ...

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High Court of Karnataka Allows Appeal with Enhanced Compensation in Motor Accident Claim — Delay of 2 Years Condoned on Condition of Reduced Interest. Claimant's compensation enhanced from Rs. 1,35,000 to Rs. 2,00,000 under Section 173(1) of Motor Vehicles Act, 1988.

The appellant, Cheluvaraju, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award da...

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Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Director Due to 18-Year Delay. Inordinate Delay Violates Right to Speedy Trial Under Article 21 of Constitution, Proceedings Quashed as Abuse of Process.

The petitioner, Bimal V. Bhatt, was one of the directors of the National Cooperative Bank Ltd. and was arraigned as accused no.2 along with his father...

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Gujarat High Court Quashes Charge Sheet and Disciplinary Proceedings Initiated After 16 Years Due to Inordinate Delay. Departmental inquiry for misconduct committed in 1996 initiated in 2013 held to be unjust, arbitrary, and violative of Articles 14 and 16 of the Constitution.

The petitioner, Prabhatsinh Amarsinh Makwana, filed a Special Civil Application under Article 226 of the Constitution of India before the High Court o...