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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

High Court

Bombay High Court Dismisses Petition Challenging MSMED Act Arbitral Award on Limitation and Territorial Jurisdiction. Court holds that limitation for arbitration under Section 18 of MSMED Act is governed by Article 137 of Limitation Act, 1963, and that the court where the arbitration is held has exclusive jurisdiction under Section 42 of Arbitration Act.

27 Jan 2023

The petitioner, Gammon Engineers & Contractors Pvt. Ltd., challenged an arbitral award dated 24 September 2020 passed by the Facilitation Council unde...

High Court

Bombay High Court Dismisses Revision by Goa Pollution Control Board Against Rejection of Plaint Rejection Application. Civil Court jurisdiction not barred under Air and Water Acts for injunction against statutory authority when plaint discloses cause of action.

9 Feb 2023

The case involves a Civil Revision Application filed by the Goa Pollution Control Board (Applicant/Defendant No.6) against an order of the District Ju...

High Court

Bombay High Court Quashes Criminal Complaint in Fabrication of Evidence Case — Postal Receipt Not Conclusive Proof of Service. Court holds that mere affixation of a postal receipt on a letter does not prove dispatch or receipt, and criminal proceedings for forgery cannot be sustained without prima facie evidence of fabrication.

24 Feb 2023

The applicant, Hari Prakash Tripathi (accused no.1), filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

Bombay High Court Grants Anti-Anti-Suit Injunction Restraining Enforcement of Singapore Anti-Suit Order in NCLT Oppression and Mismanagement Dispute. Court holds that disputes under Sections 241 and 242 of the Companies Act, 2013 are non-arbitrable and exclusively triable by NCLT, and that an anti-suit injunction from a foreign court cannot be enforced in India to prevent a party from pursuing statutory remedies before the NCLT.

11 Sep 2023

The plaintiff, Anupam Mittal, filed a suit in the Bombay High Court seeking an anti-anti-suit injunction to restrain the defendants from enforcing an ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Owner's Claim for Damages — Civil Court Jurisdiction Upheld. Owner's suit against insurer for breach of contract is not barred by Section 175 of Motor Vehicles Act, 1988 as it does not fall under Chapter XII of the Act.

3 Oct 2023

The case involves a second appeal by The New India Assurance Co. Ltd. against a decree passed in favor of the respondent, Abdul Qadri Abdul Ajiz, who ...

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