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Bombay High Court Dismisses PIL Challenging Land Allotment to Private Company in Title Dispute. Court holds that disputed questions of title cannot be adjudicated in PIL jurisdiction and that the petitioners failed to establish that the land was government property.

The case is a Public Interest Litigation (PIL) filed by two petitioners, Mr. Chetan Kamble and Mr. Vilas V. Devrukhkar, against the State of Maharasht...

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

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Bombay High Court Allows Amendment of Plaint and Written Statement in Recovery Suits — Liberal Approach Under Order VI Rule 17 CPC. Amendments Sought to Bring Subsequent Events on Record Do Not Change Nature of Suit.

The petitioner, M/s. Kalpvruksha Tub Well Company, through its proprietor Shantinath Janagonda Patil, filed two writ petitions challenging orders of t...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...