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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

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Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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Bombay High Court Allows Writ Petitions of Petroleum Dealers Challenging VAT Assessment Orders. Assessment orders under Dadra and Nagar Haveli Value Added Tax Act, 2005 set aside as barred by limitation and violative of natural justice.

The judgment pertains to a batch of writ petitions filed by several petroleum dealers (M/s. Yogi Petroleum, Jay Jalaram Construction Co., M/s. Ratan P...

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High Court of Karnataka Dismisses Second Appeal in Easement Case — Cart Way Existence Upheld Based on Evidence. The court held that the first appellate court's finding of a cart way over defendant's land was based on proper appreciation of evidence and could not be interfered with under Section 100 CPC.

The case involves a dispute over an easementary right of way. The plaintiffs, who owned five strips of land in Sy. No. 15, claimed a cart way existed ...

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Bombay High Court Quashes Minister's Remand Order in Fair Price Shop Dispute — Violation of Natural Justice. Minister's suo motu review of earlier orders without notice to petitioner held illegal as it lacked jurisdiction and violated principles of natural justice.

The petitioner, Yedage Vishnu Baba, was allotted a Fair Price Shop at village Tanhali, Taluka Pandharpur, District Solapur, and held a license for ker...