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Bombay High Court Allows Appeal in NI Act Case — 'Not Claimed' Notice Constitutes Valid Service Under Section 138 Proviso (b). Refusal to accept notice by addressee amounts to deemed service; acquittal set aside.

The appellant-complainant, Anil Gulabrao Khairkar, filed a criminal appeal against the judgment of the Special Court for the Negotiable Instruments Ac...

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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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Bombay High Court Allows Landlord's Petition in Rent Default Case, Restores Ejectment Decree. Tenant's Failure to Pay Rent for Over a Decade Constitutes Willful Default Under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hemant R. Saple, as landlord, filed a writ petition challenging the order of the Appellate Bench of the Court of Small Causes, Bombay,...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Allows Petition of Complainant Company in Criminal Complaint — Magistrate's Order Under Section 156(3) CrPC Restored. Revisional Court Erred in Dismissing Complaint as Not Being a Complaint Under Section 2(d) CrPC When It Clearly Contained Allegations of Cognizable Offences.

The petitioner, M/s. Royal Palms (India) Pvt. Ltd., a company registered under the Companies Act, filed a complaint through its authorized representat...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...