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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Quashes Eviction Order Passed by Senior Citizens Tribunal Against Non-Relative Tenant. Tribunal Lacked Jurisdiction as Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Does Not Empower Tribunal to Adjudicate Possession Disputes Between Senior Citizen and Stranger.

The dispute arose from an application filed by a 75-year-old senior citizen (respondent No.1) before the Tribunal constituted under Section 7 of the M...

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Bombay High Court Upholds Interim Injunction in Trade Mark Infringement Suit — 'SUPER MOR CHHAP' Held Deceptively Similar to 'MOR CHHAP'. Registration and Prior Use of 'MOR CHHAP' for Lime Plaster Entitled Plaintiff to Protection Under Trade and Merchandise Act, 1958.

The plaintiff, Sunil Manikchand Kasliwal, filed a suit for trade mark infringement against the defendant, Rahul Uttam Suryavanshi, alleging that the d...

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High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — Civil Suit Pending Before Civil Court Must Be Decided First. Mutation Entry Does Not Confer Title; Revenue Authorities Directed to Await Civil Court Decision.

The petitioners filed a writ petition challenging a mutation entry made in the revenue records in favor of the respondents. The dispute pertained to a...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...