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Bombay High Court Allows Second Set of Interrogatories in Civil Suit — No Bar Under Order 11 Rule 1 CPC. Trial court must consider interrogatories on merits rather than rejecting them solely on the ground that interrogatories were already delivered once.

The petitioner, original plaintiff in Special Civil Suit No.164 of 2006, filed a writ petition under Articles 226 and 227 of the Constitution of India...

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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 Dismisses Petition Challenging Technical Qualification of Consortium in Tender for Conversion of MODU to MOPU. Court upholds ONGC's decision to treat consortium as technically qualified, finding no arbitrariness or mala fides in the tendering process.

The petitioners, Afcons Infrastructure Limited and others, challenged the decision of Oil & Natural Gas Corporation Ltd. (ONGC) to treat a consortium ...

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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Court holds that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature of cheque are admitted, and accused failed to rebut the presumption.

The appellant, Ranjit Singh Sethi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abdul Jalil Sha...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Property Suit — Appellants Restrained from Obstructing Common Possession and Enjoyment of Suit Property. Sale Deed Executed During Pendency of Suit Held Not Binding on Plaintiffs Under Doctrine of Lis Pendens.

The appellants, who were defendants in a suit filed by respondent nos.1 to 5, challenged an order dated 11th July 2003 passed by the trial court allow...