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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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Bombay High Court Dismisses Appeal by Union of India Against Arbitral Award in Contract Dispute. Court Upholds Arbitrator's Interpretation of 'Fall Clause' in Repeat Order for Supply of PSC Sleepers Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves an appeal by the Union of India (Central Railway) against an order of a learned Single Judge dismissing its challenge under Section ...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Training Under Industrial Disputes Act — Trainee Not a Workman Under Section 2(s) of Industrial Disputes Act, 1947. Training Agreement Did Not Create Employer-Employee Relationship, Hence No Retrenchment.

The petitioner, Nilesh Shivaji Sapkar, was initially appointed by respondent no.4, Volkswagen India Private Limited, for a fixed period of six months ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Disallowance Under Section 14A and TP Adjustment on Guarantee Commission. ITAT's Restriction of Disallowance to Rs.1,00,000/- and Deletion of TP Addition Upheld as No Substantial Question of Law Arises.

The case pertains to an appeal filed by the Commissioner of Income Tax, Mumbai (the revenue) against the order of the Income Tax Appellate Tribunal (I...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...

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WRIT PETITION NO. 5290 OF 2013

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