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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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High Court of Bombay at Goa Partly Allows Insurance Company's Appeal in Workmen's Compensation Case — Interest Rate Reduced from 12% to 9% p.a. The Court held that the Commissioner erred in awarding interest at 12% p.a. under Section 4A of the Workmen's Compensation Act, 1923, and reduced it to 9% p.a.

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and order dated 13/05/2010 passed by the Commissioner for Workmen's C...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Balkrishna Bhau Desai, a Sectional Engineer in the Public Works Department, was convicted by the Special Judge, Baramati for offences u...

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Bombay High Court Dismisses Appeal Against Restoration of Suit — Jurisdiction of Single Judge Upheld Despite Transfer of Suits to City Civil Court. Section 4A of Bombay City Civil Court (Amendment) Act, 2012 Does Not Divest High Court of Power to Restore Suits Dismissed Before Notification.

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing the respondents' notice of motion and restoring Suit No. 39...

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High Court of Bombay Allows Union of India's Appeal Against Modification of Arbitrator's Award on Interest Rate in Construction Contract Dispute. Arbitrator's discretion to award interest at 12% per annum upheld as reasonable under Section 29 of the Arbitration Act, 1940.

The case arises from a construction contract awarded by the Union of India (appellant) to M/s Bajaj & Co. (respondent) in 1986 for building an Air Rou...

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Bombay High Court Dismisses Petition by RTO Agents' Association Challenging Eviction Order Under Bombay Government Premises (Eviction) Act, 1955. Eviction and Arrears of Rent Upheld as Competent Authority's Orders Were Not Successfully Challenged.

The petitioner, The Association of Recognized Agents, is a registered association of RTO agents who were allotted a room in the RTO Compound at Tulsiw...