Bombay High Court

28th Aug, 2021

Counsel’s failure to argue grounds in written submission cannot be the basis for review.

In an significant order in the case of Priya Communication v. Tata Capital (REVIEW PETITION (L) NO. 5868 OF 2021), the Bombay High Court has held that the failure of the counsel in pressing the […]
1st Jul, 2021

When there is a disability that makes it impossible to obey the law, the alleged disobedience of law is excused.

In the matter of Smt. Kalmati Ramkrupal Yadav v. Chandrapur City Municipal Corp. [ W.P. 1904 of 2020] decided by Bombay Nagpur Bench at Nagpur on 24th June 2021. ¬FACTS- The Petitioner (Smt. Kalmati Ramkrupal […]
30th Jun, 2021

A secured creditor’s interest in the mortgaged property prioritises over any other creditors be it recovery warrant issued by the revenue authorities.

In the matter of IDBI Trusteeship Services Limited vs. District Collector Pune & Ors. in Writ Petition no. 3417 of 2019 decided on 25.06.2021 decided by the Bombay High Court. Facts: Respondent nos. 4-8, a […]
30th Jun, 2021

Non-compliance of mandatory provisions of Sec 33(2)(b) of the ID Act, would render the dismissal order of a workman as void ab initio and the workman would be entitled for reinstatement with all consequential benefits.

In the matter of Duncan Engineering Ltd. Vs. Ajay C. Shelke W.P (ST.) No. 93088/2020 along with similar other writ petitions, decided by the Hon’ble Bombay High Court on 21.06.2021. Facts of the case- The […]
28th Jun, 2021

Non-fulfilment of a stipulated condition of grant of the contract is different from a mere contractual dispute and is ground enough for sustaining a blacklisting order

In the matter of Nisa Industrial Services Private Limited & Anr. vs. State Bank of India in Writ Petition (L) no. 12341 of 2021 decided on 22.06.2021 decided by the Bombay High Court. Facts: The […]
14th Jun, 2021

The bank has the duty to scrutinize the documents to ensure that they are in conformity with the terms and condition of the Letter of Credit.

In the matter of UPL Limited vs. Standard Chartered Bank & Ors. (COMM SUIT NO. 12 OF 1999) decided by the Bombay High Court on 8th June 2021. FACTS- In the present suit, the Plaintiff […]
14th Jun, 2021

The legal guardianship of the property of the minor is vested only in the father or grandfather and not mother

In the matter of G. Premjee Trading Pvt. Ltd Vs. Abdul Kader Haji Noormohammad & Ors. Bearing Suit No. 1754/1994, decided by the Bombay High Court on 08.06.2021. Facts of the case- The Defendant No. […]
14th Jun, 2021

Courts have no power to deal with the question as to whether a particular caste, sub-caste, a group or part of tribe or sub-tribe is included in any of the entries mentioned in Constitution (Scheduled Tribes) Order 1950

In the matter of Shri Anandra Vithoba Adsul vs. State of Maharashtra & Ors. in Writ Petition no. 3370 of 2018 decided on 08.06.2021 decided by the Bombay High Court. Facts: The Petitioner impugned the […]
11th Jun, 2021

A probable undisclosed agreement or understanding, formal or informal, which has the tendency of restricting competitiveness during tendering process is essentially a matter of inference and no direct evidence is required

In the matter of O.K Marine vs ONGC and Ors. (WPC 95/2021) decided by the Bombay High Court on 08.06.2021 FACTS: The Petitioner was a sole proprietor of a firm carrying on business of fresh […]
10th Jun, 2021

Amendment cannot be allowed where it would amount to altering the nature of the suit

In the matter of Eknath Nivrutti Hegadkar vs. Aagatrao Dyanu Ghodake in Writ Petition no. 7436 of 2017 decided on 01.06.2021 decided by the Bombay High Court. Facts: The original plaintiff/ Respondent instituted a civil […]
6th Jan, 2020

Widow remarrying would not dis-entitle her for from claiming compensation under the MV Act

The above-mentioned reasoning was pronounced by the Bombay High Court in the matter of The New India Assurance Co. Ltd. vs. Smt. Sushama Mahendra Sonwane (FA. No. 28929 of 2014) on 20.12.2019. Facts: The Appeal […]
2nd Sep, 2019

The appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure

The text of Section 378(4) of the Code of Criminal Procedure(hereinafter referred as ”the Code”) is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint […]