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Bombay High Court Dismisses Writ Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Entitlement as Requisition Was for Public Purpose and No Unauthorized Use Proven.

The Petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition under Article 226 of the Constitution before the Bomb...

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Bombay High Court Allows Conversion Permission Under Section 44 of Maharashtra Land Revenue Code, 1966 — Deemed Permission Granted Due to Delay. Failure to Obtain No-Objection Certificates Not a Valid Ground for Rejection After Expiry of 90-Day Period.

The petitioner, Rajendra s/o Durgadas Taori, filed a writ petition challenging the communication dated 05/06/2006 rejecting his application under Sect...

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Bombay High Court Allows PIL Challenging Illegal Construction by Builder with Political Connections. Court Quashes Regularisation Orders and Directs Demolition of Unauthorised Structures in Old Goa.

The petitioner, an advocate, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the construction of buildings by Respo...

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Bombay High Court Dismisses Petition for Mandamus to Re-erect Shed Demolished by Municipal Corporation. Petitioner Failed to Establish Right to Re-erection After Demolition of Dilapidated Structure Without Proper Permission.

The petitioner, Shriram Ramphal Patel, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against the Mun...

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Bombay High Court Dismisses Application to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996.

The dispute arose out of a Memorandum of Understanding dated 23 October 2006 and an additional Memorandum of Understanding dated 27 March 2008 between...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Suit for Damages for Breach of Contract — Plaintiff Failed to Prove Valid Contract and Damages. Cotton Corporation of India's claim for Rs.94,77,722.60 against Bombay Dyeing for non-lifting of cotton rejected as no binding contract was established and damages were not proved.

The plaintiff, The Cotton Corporation of India Limited, a government-owned canalising agent for import of cotton, filed a suit against The Bombay Dyei...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Price of Goods Sold and Delivered — Appellant Required to Deposit Rupee Equivalent of Euro Claim as Condition for Leave to Defend.

The respondent, Evonik Degussa GmbH, filed a summary suit against the appellant, Aksh Optifibre Limited, for recovery of Euros 11,37,866.30 being the ...