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Supreme Court Dismisses Appeal in Land Title Dispute; Holds That Non-Joinder of Deity as Respondent Does Not Abate Appeal. Principles of Res Judicata Between Co-defendants Not Applicable When Decision Not Final, and Lack of Necessary Party Does Not Render Remaining Appeal Incompetent.

The dispute arose from a title suit filed by the plaintiffs, who claimed tenancy rights over 70 bighas of land in village Siripur Majrahia, allegedly ...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Allows Appeal in MRTU & PULP Act Case — Res Judicata Applies to Issue of Workman Status. The Court held that the finding in a prior complaint that the respondent was not a workman operates as res judicata in a subsequent complaint between the same parties.

The case involves an appeal by the Maharashtra State Electricity Distribution Company Ltd. against a judgment of a learned Single Judge of the Bombay ...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute for Lack of Merit. Section 34 of Arbitration and Conciliation Act, 1996 challenge fails as no patent illegality or perversity found in award rejecting damages for breach of contract.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 25th March 2021 pas...