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Bombay High Court Upholds Injunction in Specific Performance Suit Based on Possessory Evidence. Lower Appellate Court's Reversal of Trial Court's Finding on Possession Upheld as a Possible View.

The dispute arose out of Special Civil Suit No. 24 of 2014 filed by the respondent (plaintiff) against the petitioners (defendants) for specific perfo...

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Bombay High Court Quashes GST Demand Against University for Violation of Natural Justice — Failure to Grant Personal Hearing Renders Order Illegal Under Section 74(1) of CGST Act, 2017. Circulars Mandating Personal Hearing Before Adverse Order Are Binding on Adjudicating Authority.

The University of Mumbai, established under the Bombay University Act, 1953 and later governed by the Maharashtra Public Universities Act, 2016, filed...

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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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Bombay High Court Dismisses Writ Petitions Challenging Labour Court Orders in Industrial Dispute — Petitioner Company Failed to Show Perversity or Jurisdictional Error in Awards Granting Relief to Workmen.

The petitioner, Electropneumatics And Hydraulics India Pvt. Ltd., filed two writ petitions under Article 226 of the Constitution challenging separate ...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

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High Court of Karnataka disposes writ petitions filed by home loan borrowers seeking restraint and no due certificate; court issues directions under Article 226 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by individual home loan borrowers against the Union of India, Ministry of Finance, R...