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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...

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Bombay High Court Dismisses Writ Petition Against MSRTC Contract Termination Due to Breach of Contractual Obligations. Court Holds That Article 226 Jurisdiction Cannot Be Ousted by Agreement, But Petitioner Failed to Show Arbitrariness or Unreasonableness in Termination.

The petitioner, M/s S.K. Translines Pvt. Ltd., was awarded a work order by Respondent No. 5 (General Manager (Traffic), MSRTC) for carrying out the bu...

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Bombay High Court Allows Writ Petition of Bank Employees' Union; Quashes Recall Order Denying Compensation. Employees Who Opted for Voluntary Retirement Before Bank Liquidation Held Entitled to Payment as Employment Relationship Continues Until Full Settlement.

This writ petition under Article 226 of the Constitution of India was filed by a trade union representing 55 employees of Solapur Nagari Audyogic Saha...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Quashes Suspension of Pilot License for Violation of Natural Justice — DGCA Order Set Aside for Non-Compliance with Section 19(b) Sub-Rule (3) of Aircraft Rules, 1937. License Suspension Without Prior Hearing and Without Recording Reasons Held Illegal.

The petitioner, Saurabh P. Lokhande, was issued a Commercial Pilot License by the Republic of Philippines in November 2007. He subsequently applied fo...

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Bombay High Court Dismisses Summons for Judgment in Licence Fee Dispute Due to Triable Issues. Plaintiff's claim for balance licence fee after premature termination of agreement due to demolition by Municipal Corporation raises triable issues regarding breach and entitlement.

The Plaintiff, Nemichand Jain, filed a Summary Suit against M/s. Vodafone Essar Limited and Sandeep Thakur based on a licence agreement dated 16 April...

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Bombay High Court Dismisses Revision Against Order to Deposit Arrears in Eviction Suit Filed by Trust Against Former Employee. Court Holds That Small Cause Court Has Jurisdiction Over Eviction Suits Filed by Landlords Against Licensees Under Maharashtra Rent Control Act, 1999.

The respondents, as trustees of M.F. Cama Ahornan Institute and M.M. Cama Education Fund, filed L.E. Suit No.96/143 of 2008 in the Court of Small Caus...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...

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Supreme Court Allows Appellant in Amendment of Plaint to Add Alternative Claim Despite Limitation Bar. All necessary facts already pleaded; interest of justice warranted amendment under Order VI Rule 17 of Code of Civil Procedure, 1908.

The dispute arose from a commercial transaction where the appellants, L. J. Leach and Company Ltd., filed a suit for damages against the respondents, ...