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NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Application by Operational Creditor. Pre-existing Dispute Not Established as Operational Creditor's Claim for Refund of Advance Payment Was Not Disputed Prior to Demand Notice Under Section 8 of Insolvency and Bankruptcy Code, 2016.

The appeal was filed by Bhawani Prasad Mishra, a suspended director of B.S. Ispat Pvt. Ltd. (Corporate Debtor), challenging the order dated 26.03.2025...

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Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

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Bombay High Court Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

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Bombay High Court Quashes Criminal Proceedings Against Husband and In-Laws in Dowry Harassment Case Due to Vague Allegations. General and Omnibus Allegations Without Specific Instances of Cruelty or Dowry Demand Do Not Attract Section 498-A IPC.

The applicants, who are the husband (applicant no.1), mother-in-law (applicant no.2, aged 74 and bedridden), and two brothers-in-law (applicants 3 and...

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Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother.

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2...

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Bombay High Court Dismisses Tenant's Second Appeal for Non-Prosecution in Rent Eviction Case. Concurrent Findings of Fact on Arrears and Valid Notice Under Section 106 of Transfer of Property Act, 1882 Upheld.

The present second appeal was preferred by the defendant-tenant against the judgment and order dated 31.7.1998 passed by the learned Joint District Ju...

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Bombay High Court Dismisses Employee's Petition Seeking Full Backwages in Reinstatement Case. Labour Court's Order of 50% Backwages Upheld as Employer Violated Natural Justice by Dismissing Without Waiting for Reply Period.

The petitioner, Sunil Shamrao Thokal, was employed as a Store Keeper with the respondent, The Salvation Army Evangeline Booth Hospital, since 1989. On...

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Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...