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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

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Bombay High Court Dismisses Second Appeal by Subsequent Purchaser Against Refusal to Condon Delay of 3.5 Years in Filing Appeal. Limitation Act, 1963 Section 5 - Condonation of Delay - Sufficient Cause Not Established - Delay of 3.5 Years Not Explained.

The appellants, Modu Sonsing Vanjari and others, were subsequent purchasers of property. They filed an appeal against a decree passed by the trial cou...

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Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

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Bombay High Court Allows Writ Petition Challenging Impleadment of Purchasers in Specific Performance Appeal — Purchasers Claiming Through Plaintiff Are Not Necessary Parties Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Protects Their Interests Without Impleadment.

The petitioner, Smt. Sonabai Sahebrao Pathrud, filed a suit for perpetual injunction against respondent no.1, Bhausaheb Ganpati Gaikwad, on 14 Februar...

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Supreme Court Dismisses Appeal Against Concurrent Findings of Collusive Decree in Property Dispute. The Court upheld the lower courts' conclusion that a decree obtained by collusion was not binding on the plaintiffs, and purchasers under a subsequent sale deed were bona fide purchasers.

The appeal arose from a property dispute where the original plaintiff, Jaspal Singh, residing in West Germany, authorized Kidar Singh via a special po...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Supreme Court Allows Appellant in Amendment of Plaint to Add Alternative Claim Despite Limitation Bar. All necessary facts already pleaded; interest of justice warranted amendment under Order VI Rule 17 of Code of Civil Procedure, 1908.

The dispute arose from a commercial transaction where the appellants, L. J. Leach and Company Ltd., filed a suit for damages against the respondents, ...