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Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records, Upholding Concurrent Findings of Civil Courts. Petitioners failed to establish possession or title over suit lands; mutation entries held not conferring title under Maharashtra Land Revenue Code, 1966.

The case involves multiple writ petitions filed by various petitioners challenging mutation entries made in the revenue records in favor of the origin...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Bombay High Court Allows Reference in Sales Tax Case — Sale to Purchaser's Branches in Another State Constitutes Inter-State Sale Under Section 3(a) of Central Sales Tax Act, 1956. Movement of Goods from Maharashtra to Vapi and Silvasa Occasioned by Sale, Hence Inter-State Sale.

The applicant, M/s K.C. Metal Industries, a manufacturer and seller of copper strips and bars registered under the Bombay Sales Tax Act, 1959 and the ...

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Bombay High Court Allows Public Interest Litigation Against Illegal Hoardings in Aurangabad — Municipal Corporation Directed to Enforce Ban and Revise Advertisement Rates. Defacement of Public Property and Traffic Obstruction Addressed Under Municipal Corporation's Regulatory Powers.

The petitioner, Sunil Pandharinath Jadhav, a resident of Aurangabad, filed a writ petition in public interest before the Bombay High Court (Aurangabad...