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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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High Court of Bombay Adjudicates Suit for Recovery of Port Trust Dues Under Major Port Trust Act, 1963. The Court Considered the Liability of an Importer, a Canalising Agent, and a Shipper for Wharfage and Demurrage Charges After Goods Remained Uncleared for Years and Were Auctioned.

The Board of Trustees of the Port of Bombay, a statutory corporation under the Major Port Trust Act, 1963, filed Suit No. 1533 of 1985 before the High...

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Bombay High Court Dismisses Second Appeal in Rent Recovery Suit — Hyderabad Rent Act Applicability During Pendency Does Not Bar Eviction Decree. Section 15(1) of Hyderabad Rent Act does not apply to decrees passed by civil court before the Act's extension to the area.

The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appella...

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Bombay High Court Dismisses State Appeal Against Enhanced Compensation Interest. Interpretation of Amended Provisions of Land Acquisition Act, 1894 Entitles Claimant to 15% Interest on Entire Award, Not Just Excess.

The State of Maharashtra acquired land belonging to the respondent-claimant under a notification published on 17 July 1980 under Section 4 of the Land...

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Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Dismisses Part-Time Teacher's Pension Claim in Night Junior College Case. Teacher's 29 years of part-time service in a night junior college does not qualify as full-time service under MEPS Rules for pension eligibility.

The petitioner, Mrs. Rajani Rajan Dixit, a retired teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

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Supreme Court Allows Appeal by UP Housing Board, Sets Aside NCDRC Order Directing Allotment of Flat at Rs 2,50,000. Mere Registration Under Housing Scheme Does Not Confer Right to Allotment; Consumer Forum Cannot Compel Public Authority to Enter into Contract at Arbitrary Price.

The appellant, UP Housing and Development Board, floated a scheme for Economically Weaker Sections in 1982. The respondent deposited Rs 500 in 1982 an...