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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction Against Co-Owners. Agreement for Sale of Undivided Share by One Co-Owner Does Not Create a Right to Injunction Against Other Co-Owners Who Are Not Parties to the Agreement.

The appellant-plaintiff, M/s. Amoda Properties LLP, filed a suit for specific performance of an agreement dated 21st December 2016, whereby defendant ...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Suit — Reverses Appellate Court's Dismissal for Non-Prosecution. Landlord's Bonafide Need for Suit Block Established; Tenant's Irregular Rent Payment Proved.

The petitioner, Abdul Gani, was the plaintiff in Regular Civil Suit No. 195/2013 seeking eviction of the respondent-tenant, Dilip Gopaldas Duwani, fro...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Allows Pune Municipal Corporation's Appeal Against Money Decree for Consultancy Fees — Contractual Interpretation of 'Sanction of Loan' Determines Entitlement

The Pune Municipal Corporation appealed against a money decree of Rs.7,08,50,000/- with interest passed by the Small Causes Court, Pune, in favor of P...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...