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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

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High Court of Bombay at Goa Allows Tax Appeal in Income Tax Deduction Case — Rear Courtyard Not Part of Built-Up Area for Section 80-IB(10) Computation. The court held that the Tribunal cannot inquire into matters beyond the lis between the parties.

The appellant, M/s. Commonwealth Developers, a partnership firm, filed its return of income for the assessment year 2006-07 declaring a total income o...

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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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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Supreme Court Allows Appeal in Property Dispute Over Compromise Decree Validity — Oral Statements Not Sufficient to Transfer Ownership Under Order XXIII Rule 3 CPC. Sale Deed Executed During Pendency of Appeal Remains Valid and Not Affected by Subsequent Dismissal of Suit.

The case involves a property dispute arising from two rounds of litigation. In the first round, Mansha Ram and others (plaintiffs) filed a suit for de...

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Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

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Karnataka High Court Upholds Cancellation of CL-2 Liquor License for Violation of Distance Norms Under Karnataka Excise Act, 1965. License Granted in Contravention of Rule 8(2) of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 Set Aside.

The case involves two writ appeals arising from a common order dated 07.09.2022 passed by a learned Single Judge in Writ Petition No.50353/2019. The a...