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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Gujarat High Court Allows Appeal in Family Property Dispute — Land Sold Without Consent of Co-Owners. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share to stranger without consent of other co-owners.

The present appeal arises from a judgment and decree dated 27.12.2019 passed by the learned Principal Senior Civil Judge, Umbergaon, in Special Civil ...

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Bombay High Court Dismisses Second Appeal in Eviction Suit — Confirms Decree for Possession Based on Valid Sale Deed and Caretaker Agreement. Agreement for Sale and Subsequent Sale Deed Transfer Title; Occupier as Caretaker Must Vacate After Expiry of Term.

The respondent/plaintiff filed Regular Civil Suit No.819 of 2016 for possession and arrears of rent against the defendant, who had sold the suit prope...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Allows Restoration of Suit Dismissed for Default Against Legal Heirs of Deceased Defendant. Order 22 Rule 4 CPC does not require separate summons to legal representatives already on record, and dismissal for default was improper.

The petitioner, Samaj Bhushan Griha Nirman Sahkari Sanstha, filed a suit for specific performance of an agreement dated 16/05/1988 against Shankar Nag...

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High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

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Supreme Court Hears Civil Appeals Concerning Applicability of Interest on Delayed Payments Act to Prior Contracts. The appeals arise from a common question of law regarding the retrospective application of the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.

The appeals before the Supreme Court arose from a common question of law regarding the applicability of the Interest on Delayed Payment to Small Scale...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...