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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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Supreme Court Allows FCI Appeal in Property Tax Exemption Case — Holds That Occupier of Central Government Property Is Not Liable Under Article 285(1) When Ownership Vests in Union. Bombay High Court Erred in Relying on Section 146 of MMC Act Without Considering Ownership Status.

The Supreme Court allowed the appeals filed by the Food Corporation of India (FCI) against the judgment of the Bombay High Court dated 05.05.2016 and ...

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High Court of Karnataka Hears Petitions for Appointment of Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. Contractors and service providers seek independent arbitrator for claims against Bruhat Bangalore Mahanagara Palike under Clause 10 of Agreement dated 15-03-2007.

Multiple civil miscellaneous petitions were filed by contractors and service providers before the High Court of Karnataka at Bengaluru under Section 1...

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Supreme Court Upholds Jurisdiction of Civil Court to Determine Fair Rent in Government Lease Renewal Dispute. Lease Renewal Clause Requiring 'Fair and Equitable' Enhancement by Lessor Held Unenforceable Without Judicial Review of Fairness.

In 1909, the Government of Bombay leased plots of land to the appellants for residential purposes on payment of a premium and an annual rent of Rs. 3-...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Examines Validity of Consumer Protection Appointment Rules; Selection Committee Procedure Under Scrutiny. Court Considers Whether Rules Violate Article 14 and Supreme Court Directions in State of UP v. UP Consumer Protection Bar Association.

These two petitions challenged the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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High Court of Karnataka adjudicates criminal appeals arising from conviction of a bank employee and relative for conspiracy, forgery, and corruption. Convictions under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988 were challenged before the High Court.

The appeals arose out of the judgment dated 26.12.2009 passed by the Special Judge for CBI Cases, Bangalore in Spl.C.C.No.29/2004, whereby the appella...