Bombay High Court

5th Jun, 2019

Financial deprivation amounts to economic abuse under Domestic Violence Act

The Bombay High Court has held that financial deprivation amounts to economic abuse under the Domestic Violence Act. The Court held that if a widow in a joint family, who is entitled to financial resources, […]
6th May, 2019

Once a document is admitted, rightly or wrongly, in the evidence, it is not permissible under Section 36 of the Stamp Act, at any subsequent stage of the Suit to reject the said document and it has to be acted upon as a document duly stamped, even though it forms foundation of the Suit

The Bombay High Court further held that Section 35 of the Stamp Act only gives finality to the decision in regard to the admissibility of the said document in evidence, it however does not operate […]
26th Mar, 2019

Reimbursement of medical expenses cannot be deducted from claimants’ compensation receivable under the Motor Vehicles Act

The Bombay High Court held that there is a distinction between contractual liability under the contract of insurance (medical) and the statutory liability under the Act and reimbursement under the former cannot be adjusted against […]
19th Mar, 2019

Marginal Delay in Deposit of Court Fees not a Ground to Refuse Prosecution of Suit on Merits

The Bombay High Court held that marginal delay in payment of the deposit of court fees cannot be a ground to deprive the opportunity to prosecute suit on merits. The said decision was held in […]
23rd Oct, 2018

SARFESI Act 2002 has an overriding effect on other laws, including Code of Civil Procedure

A peculiar situation came before the Bombay High Court in the matter of M/s Corporation Bank vs. Hon’ble Chief Metropolitan Magistrate (Writ Petition No. 11729/2018) which was decided on 22nd October, 2018. In this matter […]
8th Sep, 2018

If the Complainant fails to prove that cheque has been dishonored as provided under Section 146 of the Negotiable Instruments Act or by any other mode, presumption in favor of the said Complainant will not arise

In a recent judgment, the Bombay High Court, held that the Complainant has to prove the basic fact of dishonor of cheque before the burden of proof is discharged by her to establish that an […]
22nd Aug, 2018

Children born out of a void marriage are entitled to a share only in the separate property and not to the joint family properties of their father

The Bombay High Court held that though Section 16 of the Hindu Marriage Act, 1955 confers legitimacy upon an offspring born out of a void marriage, such offspring is not entitled to a share in […]
20th Aug, 2018

Convict confined in open prison can be released on furlough without surety from relatives.

The Bombay High Court has held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives […]
20th Aug, 2018

Civil Courts in Muslim divorce proceedings can grant incidental reliefs of maintenance and right in the matrimonial property

The Bombay High Court took a view that reliefs of maintenance and right in the matrimonial property are incidental to the main relief of ‘dissolution of marriage’ hence, they are required to be considered in […]
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 […]