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Bombay High Court Sets Aside Arbitral Award Dismissing Claims Under Section 25 of Arbitration Act for Lack of Notice. Arbitrator's Termination of Mandate Without Opportunity to Show Cause Held Patently Illegal and Against Public Policy.

The petitioner, Vishal Engineering Works, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ...

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Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

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Bombay High Court Dismisses Petition Challenging Eviction Decree in Rent Control Case — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. The court held that writ jurisdiction under Article 227 cannot be used to re-appreciate evidence when findings are not perverse.

The petitioners, Smt. Subhadrabai Shankar Raut, Shri Vinayak Shankar Raut, Shri Prakash Shankar Raut, and Shri Vilas Shankar Raut, were tenants of a p...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Allows Appeal by Maharashtra State Electricity Board Against Decree Declaring Demand Letter Illegal. Court Holds That Dispute Regarding Meter Accuracy Must Be Referred to Electrical Inspector Under Section 26(6) of the Indian Electricity Act, 1910, and Civil Suit Is Not Maintainable.

The Maharashtra State Electricity Board (Board) appealed against a decree passed by the Civil Judge, Senior Division, Kalyan, which declared a demand ...

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Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...