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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Petition Seeking Input Tax Credit on Breakwater Construction Under CGST Act. Breakwater Held to Be Immovable Property and Not 'Plant or Machinery' Under Section 17(5)(d) of CGST Act, 2017.

The petitioner, Konkan LNG Private Limited, a subsidiary of GAIL (India) Ltd., is engaged in the regassification of LNG at its plant in Dabhol. To ena...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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Bombay High Court Dismisses Petition Challenging 90% Salary Grant Clause in Government Resolution for Aided Technical Institutions. Clause No.10 of GR dated 21.08.2015 does not curtail right to 100% salary as grant-in-aid is limited to 90% under Rule 9 of GR dated 18.05.1978.

The petitioner, Government Aided Technical Institutes Employees Welfare Board (GATIWEB), a registered society representing employees of aided technica...