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Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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Gujarat High Court Quashes Eviction Order Against Ashram in Land Encroachment Case — Proceedings Vitiated for Violation of Natural Justice. City Mamlatdar's Order Under Section 61 of the Gujarat Land Revenue Code, 1879 Set Aside as Show-Cause Notice Not Served and No Opportunity of Hearing Given.

The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the ...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Allows Petition Challenging Demolition of Bungalow Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. Demolition Without Prior Notice and Opportunity of Hearing Held Illegal and Violative of Natural Justice.

The petitioners, M/s Asian Rubber Works and another, filed a writ petition under Article 226 of the Constitution of India challenging the illegal demo...

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High Court of Gujarat Dismisses Letters Patent Appeal by Trade Union Challenging Eviction from Municipal Corporation Office. Union was Licensee with No Permanent Legal Right; Oral License Terminated by Notice, No Error in Single Judge's Refusal to Interfere.

The Letters Patent Appeal arose from the dismissal of a writ petition by a single judge, wherein the appellant trade union challenged a communication ...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...