Bombay High Court

14th Jul, 2018

There is an implied surrender of tenancy when the tenant either explicitly or by necessary implication executes a mortgage deed with respect to the subject premise.

In a recent judgment, the Hon’ble High Court of Bombay held where a landlord executes a mortgage deed in favour of tenant in possession of the premises, this will amount to implied surrender of tenancy […]
6th Jul, 2018

Order copy obtained through Right to Information Act, 2005 is as good as a certified under certain circumstances.

The High Court of Bombay in a recent judgement held that when a copy of order is not supplied to a party by the adjudicating authority and if the same is obtained by the said […]
22nd Feb, 2018

Interim order under Order 39 Rule 1 & 2 passed by the first appellate court is not appealable under Order 43 as the latter is exhaustive in nature

In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it […]
11th May, 2017

Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under […]
2nd Mar, 2017

A suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title over the property.

The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title […]
13th Feb, 2017

What is “sufficient cause” in terms of order 37 Rule 4 CPC #indianlaws

Bombay High Court in the matter titled as Purnendu Shekhar Mal Jain Vs. ACG Associated Capsules Private Limited in Appeal (L) no. 98 of 2016 decided on 1st Feb, 2017 held that the words “special […]
25th Feb, 2016

Arraigning of Partnership firm imperative to prosecute partner U/s.141 of the NI Act #indianlaws

There can be no dispute that as the liability is penal in nature, a strict construction of the provision would be necessitous. Therefore for maintaining the prosecution under Section 141 of the Act, arraigning of […]
11th Jan, 2016

Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws

It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband […]
24th Sep, 2015

Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
10th Apr, 2015

Exempiton U/s 10 (23C)(VIA) OF Income Tax Act allowable only when existance of claimant is for philanthropic purpose

A plain reading of the aforesaid provision makes it clear that the legislature has categorised for deduction income of those institutions which “exist solely” for philanthropic purpose with a further stipulation that they would exist […]
18th Mar, 2015

What is the meaning of Fraud within the meaning of Section 13 CPC #Indianlaws

It is only when the defendant is taken by surprise of the fraud played by the plaintiff  that he can challenge the decree or foreign judgment on the ground of fraud. 
11th Jan, 2015

Service Tax levy on Advocates not against Constitutional Mandate

The services provided to a individual client by a individual advocate continues to be exempted from the purview of the Finance Act and consequently Service Tax but when an individual advocate provides service or agrees […]