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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

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Bombay High Court Dismisses Petition Challenging MHADA's Surplus Area Demand in Redevelopment — Condition 22 of NOC Valid Under MHAD Act. Petitioners' Challenge to Communication Dated 6 July 2007 and Appellate Order Rejected.

The petitioners, owners of a property admeasuring about 546 sq. mtrs. in Mumbai, sought redevelopment and obtained a No Objection Certificate (NOC) fr...

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Bombay High Court Dismisses Writ Petition Seeking to Restrain CIDCO from Enforcing Contractual Stipulation. Writ jurisdiction cannot be invoked to prevent a party to an agreement from insisting upon a contractual term.

The petitioner, M/s G.D.C. Buildcon Pvt Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Dismisses Petition Challenging Sealing Order Under Section 18 of Immoral Traffic (Prevention) Act, 1956 — Petitioner Failed to Show Prejudice from Procedural Irregularities. Typographical Error in Designation of Authority Does Not Vitiate Order When Power Was Validly Conferred.

The petitioner, Smt. Sharada Premlal Chhadi, aged 65 years, was the occupier of House No.6, City Survey No.175/528, Nagpur. She was allegedly running ...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Appeals in Land Title Suit — Upholds Trial Court's Finding of Ownership Based on Adverse Possession and Valid Sale Deeds. Community land claim fails as plaintiffs failed to prove title and defendants established possession for over 12 years.

The case involves four first appeals arising from a common judgment of the Civil Judge, Senior Division, Quepem, in two suits (Special Civil Suit No. ...

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Bombay High Court Dismisses Revision Against Order Granting Unconditional Leave to Defend in Summary Suit for Recovery of Possession and Arrears of Rent. Tenant's Defence Raising Triable Issues Regarding Title and Attornment Entitles Tenant to Leave to Defend Under Order 37 CPC.

The present civil revision application was filed by the Indian Oil Corporation Ltd. (the original defendants) against the order dated 30-01-2013 passe...