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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

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Bombay High Court Dismisses Petition Challenging Order Allowing Secondary Evidence in Civil Suit. Plaintiff Allowed to Lead Secondary Evidence Under Section 65(a) of Evidence Act, 1872 After Defendant Denied Possession of Original Letters.

The petitioner, Rajendra Mahadev Todkar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16 August 201...

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Bombay High Court Upholds School Tribunal's Order Setting Aside Termination but Allows De Novo Enquiry Against Employee in Service Dispute. Employer's Right to Conduct Fresh Enquiry Upheld as Termination Was Procedurally Flawed, Not on Merits.

The judgment involves two writ petitions arising from the same order of the School Tribunal, Latur, dated 23.1.2014, which partly allowed Appeal No.13...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...