Bombay High Court Case Commentaries

Application of Sections 50 and 80 of the Maharashtra Public Trusts Act in Civil Suits: Insights from Social and Cultural Association v. State of Maharashtra

Date: Feb 15, 2014

Application of Sections 50 and 80 of the Maharashtra Public Trusts Act in Civil Suits: Insights from Social and Cultural Association v. State of Maharashtra Introduction The case of Social and...

Implied Repeal of Section 28A(2) and (3) of the Bombay Civil Courts Act, 1869: Nola Jonathan Ranbhise v. Union Of India

Date: Feb 15, 2014

Implied Repeal of Section 28A(2) and (3) of the Bombay Civil Courts Act, 1869: Nola Jonathan Ranbhise v. Union Of India Introduction The case of Nola Jonathan Ranbhise v. Union Of India was...

Determining Probationary Status in Permanent Vacancies: Insights from Abdul Rafique Abdul Hamid v. Yavatmal Islamia Anglo Urdu Education Society And Others

Date: Feb 14, 2014

Determining Probationary Status in Permanent Vacancies: Insights from Abdul Rafique Abdul Hamid v. Yavatmal Islamia Anglo Urdu Education Society And Others Introduction The case of Abdul Rafique...

Prioritization of Secured Creditors Over Workmen’s Dues in Non-Liquidated Companies Under the Securitisation Act

Date: Feb 14, 2014

Prioritization of Secured Creditors Over Workmen’s Dues in Non-Liquidated Companies Under the Securitisation Act Introduction The case of Authorized Officer, Stressed Assets Stabilization Fund,...

Bombay High Court Upholds RTI Applicability on Educational Societies

Date: Feb 13, 2014

Bombay High Court Upholds RTI Applicability on Educational Societies Introduction The case of Sir Sayyed Education Society v. State Of Maharashtra Through The Secretary, For Education Department...

Change of Opinion Insufficient Grounds for Reopening Assessments: Aroni Commercials Ltd. v. Income Tax - Bombay High Court

Date: Feb 12, 2014

Change of Opinion Insufficient Grounds for Reopening Assessments: Aroni Commercials Ltd. v. Income Tax - Bombay High Court Introduction The case of Aroni Commercials Limited v. Income Tax-2...

Extending the Scope of the Maharashtra Control of Organized Crime Act: Analysis of State of Maharashtra v. Sachin Others

Date: Feb 11, 2014

Extending the Scope of the Maharashtra Control of Organized Crime Act: Analysis of State of Maharashtra v. Sachin Others Introduction The case of State of Maharashtra v. Sachin Others adjudicated by...

Establishing Mental Cruelty through Unsubstantiated Allegations: Insights from Mr. M v. Mrs. M

Date: Feb 8, 2014

Establishing Mental Cruelty through Unsubstantiated Allegations: Insights from Mr. M v. Mrs. M Introduction The case of Mr. M v. Mrs. M adjudicated by the Bombay High Court on February 7, 2014,...

Unconditional Nature of Bank Guarantees Affirmed in Itd Cementation India Ltd. v. Reliance Infrastructure Limited

Date: Feb 5, 2014

Unconditional Nature of Bank Guarantees Affirmed in Itd Cementation India Ltd. v. Reliance Infrastructure Limited Introduction The case of Itd Cementation India Ltd. v. Reliance Infrastructure...

Inherit Lifestyle v. Cool Breeze: Enforceability of MOUs in Property Redevelopment

Date: Jan 22, 2014

Inherit Lifestyle v. Cool Breeze: Enforceability of MOUs in Property Redevelopment 1. Introduction The case of Heritage Lifestyle And Developers Ltd. v. Cool Breeze Co-Operative Housing Society Ltd....

Clarification on Section 55A of the Income Tax Act: Insights from Income Tax v. Puja Prints

Date: Jan 16, 2014

Clarification on Section 55A of the Income Tax Act: Insights from Income Tax v. Puja Prints Introduction The case of Income Tax v. Puja Prints, adjudicated by the Bombay High Court on January 15,...

Emphasizing Due Process in Eviction: Municipal Corporation of Greater Mumbai v. Prakash Co-Operative Housing Society Ltd.

Date: Jan 14, 2014

Emphasizing Due Process in Eviction: Municipal Corporation of Greater Mumbai v. Prakash Co-Operative Housing Society Ltd. Introduction The case of Municipal Corporation of Greater Mumbai and Another...

Pidilite v. Jubilant: Strengthening Trademark Protection for Essential Elements

Date: Jan 14, 2014

Pidilite Industries Limited v. Jubilant Agri & Consumer Products Limited: Strengthening Trademark Protection for Essential Elements Introduction The case of Pidilite Industries Limited v. Jubilant...

Requirement of Absolute Liability for Enforcing Indemnity Clauses in Commercial Contracts: Reliance Industries Ltd. v. Balasore Alloys Ltd.

Date: Jan 11, 2014

Requirement of Absolute Liability for Enforcing Indemnity Clauses in Commercial Contracts: Reliance Industries Limited v. Balasore Alloys Limited Introduction The case of Reliance Industries Limited...

Appointment of Court Commissioner Essential in Boundary Disputes: Bhupendra v. Homraj Judgment

Date: Jan 11, 2014

Appointment of Court Commissioner Essential in Boundary Disputes: Bhupendra v. Homraj Judgment Introduction The case of Bhupendra v. Homraj was adjudicated by the Bombay High Court on January 10,...

Balaji Goods Transport Co. v. Maharashtra: Upholding Government's Discretion in Tender Qualifications

Date: Jan 8, 2014

Balaji Goods Transport Co. v. Maharashtra: Upholding Government's Discretion in Tender Qualifications Introduction The case of Balaji Goods Transport Company v. State Of Maharashtra And Another...

Reaffirming the Right to De Novo Enquiry When Initial Enquiry is Perverse: Insights from Maharashtra State Co-Operative Cotton Growers Marketing Federation Ltd. v. Vasant Ambadas Deshpande

Date: Jan 8, 2014

Reaffirming the Right to De Novo Enquiry When Initial Enquiry is Perverse: Insights from Maharashtra State Co-Operative Cotton Growers Marketing Federation Ltd. v. Vasant Ambadas Deshpande 1....

Restoration of Substantive Rights in Arbitration Appeals: Marwadi Shares & Finance Ltd. v. Miral Kanaksinh Thakore

Date: Jan 8, 2014

Restoration of Substantive Rights in Arbitration Appeals: Marwadi Shares & Finance Ltd. v. Miral Kanaksinh Thakore Introduction The case of Marwadi Shares & Finance Ltd. v. Miral Kanaksinh Thakore...

Clarifying Jurisdiction and Maintainability in Industrial Closure Cases: Ms. Sanket Food Products Pvt. Ltd vs. Prabhakar Asaram Bhalerao

Date: Dec 19, 2013

Clarifying Jurisdiction and Maintainability in Industrial Closure Cases: Ms. Sanket Food Products Pvt. Ltd vs. Prabhakar Asaram Bhalerao Introduction The case of Ms. Sanket Food Products Pvt. Ltd vs....

Refund of Earnest Money Deposit in Tender Proceedings: A Landmark Judgment under SARFAESI Act

Date: Dec 11, 2013

Refund of Earnest Money Deposit in Tender Proceedings: A Landmark Judgment under SARFAESI Act Introduction The case of Umang Sugars Pvt. Ltd. v. State of Maharashtra and Another adjudicated by the...