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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Appeal Against Rejection of Injunction in Municipal Notice Challenge. Notice under Section 354 of MMC Act for demolition of dilapidated building held valid despite alleged lack of service to occupier, as reconstruction of already demolished room cannot be ordered.

The appellants, Sumitra Shashikant Khokhani, Vishesh Shashikant Khokhani, and Sanjay Shashikant Khokhani, were occupants of room No. D-4 admeasuring 2...

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Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Default in Rent Payment Under Section 12(3)(a) of Bombay Rent Act. Tenants Failed to Pay Arrears Within One Month of Demand Notice and Did Not Apply for Standard Rent Fixation.

The petitioners, Madhu Manu Pawar and Sadhu Manu Pawar, were tenants of a premises owned by the respondent, Anand Mondo Mandawale. The respondent-land...