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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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Bombay High Court Dismisses Application Under Rule 133 for Delay in Seeking Adjournment to Judge — Security Order Already Set Aside by Higher Courts. Application Filed Beyond Four-Day Limitation Period Without Sufficient Cause Under Rule 133 of Bombay High Court (Original Side) Rules, 1980.

The applicant, Suresh Lachhmandas Raheja, the original plaintiff in Suit No.3190 of 2006, filed an application under Rule 133 of the Bombay High Court...

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Bombay High Court Dismisses Petitions Challenging Land Tribunal Orders in Tenancy Dispute. Court upholds concurrent findings that petitioners failed to prove personal cultivation and that tenants were entitled to purchase land under Bombay Tenancy and Agricultural Lands Act, 1948.

The judgment pertains to two writ petitions filed by Madhav Dashrath Vahadane and Nivrutti Dashrath Vahadane (petitioners) challenging orders passed u...

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Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

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Bombay High Court Dismisses Second Appeals by Obstructionists in Execution Proceedings — Purchasers During Pendency of Lis Not Bona Fide. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applies to Execution Proceedings, and Purchasers During Pendency Are Bound by Decree.

The case involves three second appeals arising from execution proceedings. The respondent decree holders (Respondent Nos.1-3) obtained a compromise de...

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Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...