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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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High Court of Judicature at Bombay Quashes State Government's Cancellation of Slum Rehabilitation Scheme Approvals and Directs Fresh Hearing. Inconsistencies Between Government Directives and SRA Circular Were Not Established, and Scheme Was Permitted Under New Housing Policy of 2007.

The petitioner, a developer, submitted a proposal for a Slum Rehabilitation Scheme which was in the nature of a Township Development Scheme for approx...

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Bombay High Court Allows Second Appeal Against Lower Appellate Court's Decree for Non-Compliance with Order XLI Rule 31 CPC. Holds That First Appellate Court Must Independently Assess Evidence and Give Reasons for Each Point; Mere General Concurrence Is Insufficient and Vitiates Judgment.

The dispute originated from a partition suit filed by the respondent-plaintiff, claiming a one-fourth share in ancestral properties as the daughter of...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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Bombay High Court Sets Aside Maharashtra State Co-operative Appellate Court Orders in Employee Termination Dispute. Preliminary Issue on Legality of Departmental Enquiry Must Be Decided First Under Order 15 Rule 3 Code of Civil Procedure, 1908, Following Cooper Engineering Ltd. Precedent.

The dispute arose from the termination of services of an employee by a co-operative bank. The employee filed a dispute before the Co-operative Court, ...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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Bombay High Court Takes Suo Motu Cognizance of Deplorable Road Conditions and Pothole Deaths in Mumbai. Court Holds Right to Well-Maintained Roads as Fundamental Right Under Article 21 and Issues Mandatory Directions to Authorities.

This suo motu public interest litigation was registered by the Bombay High Court in 2013 based on a letter from Justice G.S. Patel highlighting the pa...