BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022
1 year, 9 months ago

BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022

Live Law  

In a significant ruling the Bombay High Court has recalled the Prothonotary & Senior Master’s September 15, 2022 notice dismissing civil suits filed before December 2021, in default, for non-removal of office objections within eight weeks. Justice Riyaz Chagla observed that the common notice couldn’t have been issued under Rule 986 of the Bombay High Court Rules, 1980 without first listing of matters. “In my considered view, there is no power to issue such blanket directions of removal of office objections within the period stipulated in the common notices without first listing these matters and accordingly, the common notices dated 15th September 2022 are being recalled.” Through the notice, the Prothonotary & Senior Master of High Court directed rejection in default of all suits filed before December 2021 if office objections weren’t removed within the stipulated period of eight weeks. “Only then can the discretion be exercised by the Prothonotary & Senior Master of this Court to either reject the Plaint for non-removal of office objections or grant further time,” Chandrachud contended, calling it a “blanket ban.” Advocate Rohaan Cama appearing for petitioners in another suit cited the case of Lawrence Fernandes Vs. State of Maharashtra wherein the court held that the Prothonotary & Senior Master of this Court is empowered to direct dismissal of the Plaint, Memorandum of Appeal, Execution Application, etc.

High Court Court Bombay High Court Office Notice Suit Senior Suits This Court Master Objections Prothonotary Office Objections  court  thousands  suit  master  high  senior  office  registrars  recalls  dismissing  notice  suits  objections  prothonotary  nonremoval

History of this topic

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers
3 days ago

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers

Live Law  

The Supreme Court today slammed Maharashtra authorities over non-payment of timely compensation to persons whose lands were compulsory acquired by the state way back in 2005. A bench of Justices Surya Kant and N Kotiswar Singh was dealing with the petitioner's plea against a High Court order, whereby the Zilla Parishad was directed to pay compensation to respondent-claimants against compulsory …

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024
1 week, 3 days ago

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Live Law  

Citations: 2024 LiveLaw 650 to 2024 LiveLaw 654 Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw 650 Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw 651 Shri Saibaba Sansthan Trust vs. Union of India, 2024 LiveLaw 652 Nav Chetna Charitable Trust vs, CIT, 2024 LiveLaw 653 Chandrabhan Atulkar v. MOIL Ltd., 2024 LiveLaw 654 Judgments/Final …

Bombay High Court Weekly Round-Up: November 25 - December 01, 2024
1 month, 1 week ago

Bombay High Court Weekly Round-Up: November 25 - December 01, 2024

Live Law  

Citations: 2024 LiveLaw 611 to 2024 LiveLaw 617 Nominal Index: Mihir Shah vs. State, 2024 LiveLaw 611 High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr., 2024 LiveLaw 612 Mahindra and Mahindra Ltd. vs. Union of India & ors., 2024 LiveLaw 613 Neilan International Co Ltd vs Powerica Ltd, 2024 LiveLaw 614 SS …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
1 month, 2 weeks ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Appeal Can't Be Dismissed Due To Non-Payment Of Pre-Deposit If Department's Portal Acknowledges Compliance: Bombay High Court
1 month, 2 weeks ago

Appeal Can't Be Dismissed Due To Non-Payment Of Pre-Deposit If Department's Portal Acknowledges Compliance: Bombay High Court

Live Law  

Observing that provisional acknowledgement automatically generated on Department portal shows that the requisite pre-deposit has been made, the Bombay High Court held that the Assessee had duly complied with the necessary pre-deposit required u/s 107 of the CGST Act. The Division Bench of Justice M.S Sonak and Justice Jitendra Jain observed that in a similar matter in Bytedance Technology Pvt …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 3 weeks ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about …

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal
7 months, 2 weeks ago

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal

Live Law  

The Supreme Court, ordered that it will hear a batch of an appeals against the Supreme Court against the judgment of the Bombay High Court which struck down Rule 6 of the Consumer Protection Rules, 2020, next week. The quashed Rule prescribed two members from the State bureaucracy and only one member from the judiciary on the Selection Committee that …

Bombay High Court Directs Advocates And Litigants Not To Mention Caste Or Religion Of Parties In Memo Of Parties
10 months, 2 weeks ago

Bombay High Court Directs Advocates And Litigants Not To Mention Caste Or Religion Of Parties In Memo Of Parties

Live Law  

The Bombay High Court recently issued a notice prohibiting advocates and litigants from mentioning the caste or religion of any parties in petitions, suits, or proceedings filed before the court. “…the Advocates and Parties-in-person shall not mention the Caste / Religion of any parties in the memo of parties in any petition / suit / proceeding filed before the Principal …

Bombay High Court cancels CBI's look out circulars against Rhea Chakraborty, family
10 months, 2 weeks ago

Bombay High Court cancels CBI's look out circulars against Rhea Chakraborty, family

India Today  

The Bombay High Court cancelled Look Out Circulars issued by the Central Bureau of Investigation against actor Rhea Chakraborty, her brother Showik, and their father, Indrajit Chakraborty, on Thursday. We have dismissed your arguments on maintainability and we have said that it is needless to say that the authority to invoke the LOC whenever the circumstances arise,” the Bombay High …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 4 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

Supreme Court Sets Aside Bombay HC Order Acquitting GN Saibaba, Remands Appeals to HC for Consideration by Another Bench
1 year, 8 months ago

Supreme Court Sets Aside Bombay HC Order Acquitting GN Saibaba, Remands Appeals to HC for Consideration by Another Bench

Live Law  

The Supreme Court of India on Wednesday set aside an order of the Bombay High Court acquitting former Delhi University professor and activist GN Saibaba as well as others over their alleged Maoist links and remanded the matter back to the high court to be considered afresh by a different bench. The matters are remitted back to the high court …

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings
1 year, 11 months ago

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings

Live Law  

The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005. While closing the contempt proceedings, …

Property Suit Pending Since 1977: Gujarat High Court Issues Contempt Notices To 9 Judicial Officers For Non-Compliance
2 years ago

Property Suit Pending Since 1977: Gujarat High Court Issues Contempt Notices To 9 Judicial Officers For Non-Compliance

Live Law  

The Gujarat High Court has issued show cause notices to 9 Judicial Officers, seeking to initiate contempt proceedings against them for failing to dispose of a property suit instituted in 1977, despite the directions of the High Court. While expressing shock that the directions issued by the High Court were blatantly ignored, the division bench vide its order dated 16.12.2022 …

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022

Live Law  

Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court Case Title: M/s Skoda Auto Volkswagen India Private Limited versus M/s Commercial …

Supreme Court News Updates Weekly Round Up [October 31 to November 6]
2 years, 2 months ago

Supreme Court News Updates Weekly Round Up [October 31 to November 6]

Live Law  

NEWS THIS WEEK Supreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief Editor Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. Supreme Court Issues Notice On PIL Challenging Section 62 Which Deprives Prisoners The Right To Vote …

Long Court Vacations Violate Litigants' Fundamental Rights, Must Be Abandoned: Plea In Bombay High Court
2 years, 2 months ago

Long Court Vacations Violate Litigants' Fundamental Rights, Must Be Abandoned: Plea In Bombay High Court

Live Law  

A writ petition filed before the Bombay High Court has challenged the long vacations of the court claiming that it is a violation of fundamental rights of litigants. The petition has, among others, impleaded the Chief Justice of Bombay High Court, the State of Maharashtra as well as Union of India as respondents. According to the petition, the petitioner had …

Bombay High Court Issues Notice On Plea Challenging CGST Rules
2 years, 4 months ago

Bombay High Court Issues Notice On Plea Challenging CGST Rules

Live Law  

The Bombay High Court on Monday issued notice to Maharashtra government and central government in a petition challenging amendment to Central Goods and Service Tax Rules, 2017. " Doctor, were dealing with a writ petition challenging the amendment to Rule 21A of the CGST Rules, 2017. In the present case the petitioner, SAT Industries Limited, had received a show cause …

Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022

Live Law  

Bombay High Court: Interim Relief Under Section 9 Of A&C Act - Incidental To Recovery Of Possession OfProperty; Small Causes Court Alone Would Have Jurisdiction: Bombay High Court Case Title: BXIN Office Parks India Pvt. Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court Case Title: National Highways Authority of India versus The Additional Commissioner, …

Arbitration Cases Monthly Round-up: July 2022
2 years, 5 months ago

Arbitration Cases Monthly Round-up: July 2022

Live Law  

Supreme Court: Court Under Section 34,37 Arbitration Act Cannot Modify An Award ; It Can Only Remand: Supreme Court Case Title: National Highways Authority of India versus P. Nagaraju @ Cheluvaiah Citation: 2022 LiveLaw 584 The Supreme Court observed that, under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator. …

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost
2 years, 5 months ago

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost

Live Law  

The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. "In the second review petition, the petitioner has literally reproduced and reiterated almost everything what has been stated by him in the Second Appeal as well as in his …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 10 months ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Bombay High Court Weekly Round-Up: January 17 to 23
2 years, 11 months ago

Bombay High Court Weekly Round-Up: January 17 to 23

Live Law  

Weekly Round-Up Jan17- Jan 23 1. Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent Case Title: Suryakant Kisan Pawar vs Deputy Collector, Mumbai and others Citation: 2022 LiveLaw 9 The Bombay High Court directed a son who "deprived his mother from leading a normal life" to vacate the house …

Face Heavy Cost Or Longer Court Dates For Getting Non- Urgent Matters Listed – Bombay High Court Tells Lawyers
2 years, 11 months ago

Face Heavy Cost Or Longer Court Dates For Getting Non- Urgent Matters Listed – Bombay High Court Tells Lawyers

Live Law  

The Bombay High Court has cautioned lawyers against getting non-urgent matters listed and decided to impose high costs or adjourn matters for a long time if non-urgent cases are pushed for a hearing. As per its SOP from Janaury 10, 2022 the Bombay High Court at its principal seat is functioning for only three hours between 12 pm – 3 …

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules
3 years ago

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules

Live Law  

The Supreme Court on Friday issued notices on the special leave petitions filed against the judgment of Bombay High Court which quashed the provisions of Consumer Protection Rules which excluded lawyers with 10 to 20 years experience from appointments to Consumer Commissions.A bench comprising Justices L Nageswara Rao and BR Gavai was considering the special leave petitions filed. The Supreme …

Bombay High Court Extends Protective Orders Against Evictions And DispossessionsTill August 30, No Further Extension
3 years, 4 months ago

Bombay High Court Extends Protective Orders Against Evictions And DispossessionsTill August 30, No Further Extension

Live Law  

The Bombay High Court has refused to continue its unconditional extension of all interim orders in Maharashtra beyond August 30, given the improving covid situation and resumption in the physical functioning of courts. ".we are of the clear opinion that situation that impelled this bench to interfere and pass the interim protective orders may not be in existence anymore, which …

Bombay High Court Adjourns Appeal Against Tarun Tejpal's Acquittal In Rape Case Till July 29
3 years, 6 months ago

Bombay High Court Adjourns Appeal Against Tarun Tejpal's Acquittal In Rape Case Till July 29

Live Law  

Bombay High Court at Goa has adjourned the appeal against acquittal of Journalist Tarun Tejpal in rape case by a fast track court in Mapusa, GoaSenior Advocate Kapil Sibal appearing for the Respondent submitted before the Court that he had not been supplied with an updated copy of the appeal. Bombay High Court at Goa has adjourned the appeal against …

Bombay High Court Stays Evictions, Dispossessions & Demolitions Till June 30; Extends Interim Orders Till Then
3 years, 8 months ago

Bombay High Court Stays Evictions, Dispossessions & Demolitions Till June 30; Extends Interim Orders Till Then

Live Law  

The Bombay High Court unconditionally extended all interim orders till June 30, 2021, or until further orders, unless specifically dealt with by a judicial order to the contrary due to the pandemic's second wave. The extension applies to Bombay High Court at its Principal Seat in Mumbai, Benches at Nagpur and Aurangabad, the High Court of Bombay at Goa, and …

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR
3 years, 8 months ago

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR

Live Law  

The Bombay High Court has granted liberty to the State of Maharashtra and former State Home Minister Anil Deshmukh to approach the vacation bench in case they want to seek urgent interim reliefs in the FIR lodged by the Central Bureau of Investigation pertaining to former Mumbai Police Commissioner Param Bir Singh's corruption allegations. While Deshmukh's petition was adjourned as …

Bombay High Court Stays Evictions, Dispossessions, Demolitions Till May 7; Extends Interim Orders Till Then
3 years, 8 months ago

Bombay High Court Stays Evictions, Dispossessions, Demolitions Till May 7; Extends Interim Orders Till Then

Live Law  

Given the surge in Covid – 19 cases in Maharashtra, the Bombay High Court at its principal seat in Mumbai will continue to hear cases virtually till May 7, it was decided at an Administrative Committee meeting chaired by Chief Justice Dipankar Datta, on Friday. In a judicial order passed subsequently a full bench of CJ and Justices AA Sayyed, …

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court
3 years, 10 months ago

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court

Live Law  

Supreme Court has on Tuesday issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. A three Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has also ordered a stay on impugned order of the High Court dated 25th Aug 2020 whereby HC had refused to quash …

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court
4 years, 1 month ago

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court

Live Law  

The Submission was made before the Bench of Chief Justice Dipankar Datta, & Justice G. S. Kulkarni in light of the fact that now the High Court has commenced physical hearing of cases. Background As the High Court commenced physical hearing of cases from Tuesday, the contention raised before the Court by the Bar was that permission to the staff …

Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation
4 years, 2 months ago

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation

Live Law  

The High Court had also asked ED to consider afresh the request for giving Modi the reply of BCCI to their show cause notice in 2011. So far as the order dated 8th January, 2018 is concerned, the challenge was to the extent it declines to grant cross examination of 5 persons namely - Shri N. Srinivasan, Mr. Peter Griffith, …

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]
4 years, 3 months ago

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]

Live Law  

By way of background, the Delhi High Court in Amina Bharatram v Sumant Bharatram & Others CS OS No. 411/2010 pronounced on 19th July 2016, held that "the Delhi High Court is a "district court" under Section 8 in respect of all matters enumerated in Explanation to Section 7 of the Act &The Delhi High Court does not possess jurisdiction …

Delhi HC Issues Notice On Court Master's Plea Against His Removal For Allegedly Tampering With SC Order In Anil Ambani Case
4 years, 11 months ago

Delhi HC Issues Notice On Court Master's Plea Against His Removal For Allegedly Tampering With SC Order In Anil Ambani Case

Live Law  

Delhi High Court has issued a notice in a plea challenging the removal of a Court Master in Supreme Court who was allegedly found tampering with the apex court's order in Anil Ambani contempt case. The notice has been issued to Delhi Police by the Single Bench of Justice Suresh Kumar KaitThe moot question raised by the petition is that …

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling
7 years ago

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling

Live Law  

The Bombay High Court has ruled that an ex parte decree can only be passed under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure. This means that the ex parte decree was recalled in this case because the court did not follow the correct procedure in issuing the notice of …

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