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High Court

Bombay High Court Dismisses Challenge to Impleadment Order in Civil Suit Under Order I Rule 10 CPC. Applicants Claiming Independent Title and Possession Over Suit Property Are Necessary Parties for Effective Adjudication.

5 Jun 2023

The petitioner, Gajanan Mahadeo Potdar, filed a writ petition challenging the order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpa...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Issues Directions on Parking Management in Urban Areas — Emphasizes Need for Statutory Regime and Pilot Projects in Delhi Colonies. The Court held that proper parking policies are essential for a dignified life under Article 21 of the Constitution and directed authorities to implement area parking plans with priority for pedestrians and public transport.

2 Sep 2019

The Supreme Court, in a writ petition filed by M.C. Mehta concerning environmental and urban planning issues, addressed the acute problem of parking i...

High Court

Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

28 Aug 2019

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

High Court

Bombay High Court Quashes Labour Court Impleadment Order in Industrial Dispute — Proprietary Firm Cannot Be Impleaded as Party Without Proper Notice Under Section 10 of Industrial Disputes Act, 1947. Impleadment of a proprietary firm without notice to the proprietor violates natural justice and is without jurisdiction.

18 Jun 2018

The petitioners, Balrajkishor Mataprasad Misra and another, challenged an order of the Labour Court dated 18 June 2018 in a batch of writ petitions. T...

High Court

High Court of Karnataka Allows Impleadment of Subsequent Purchaser in Partition Suit Appeal — Order I Rule 10 CPC. Subsequent purchaser held to be necessary and proper party to appeal under Order I Rule 10 of Code of Civil Procedure, 1908.

19 Oct 2016

The petitioner, Sri Basavaraj @ Madhu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Impleadment of Village Panchayat in Suit for Declaration and Injunction — Order 1 Rule 10 CPC Impleadment Set Aside for Lack of Direct Legal Interest. The court held that a village panchayat, as a local authority, does not have a direct legal interest in a private property dispute merely because the property is within its jurisdiction.

30 Jul 2013

The petitioner, M/s. Dempo Mining Corporation Pvt. Ltd., filed a suit against respondents 1 to 5 alleging unlawful obstruction of activities carried o...

High Court

Bombay High Court Allows Impleadment Challenge in Mundkar Rights Case — Trial Court Exceeded Jurisdiction by Ordering Impleadment Without Ascertaining Mundkarial Right. The court held that impleadment under Order 1 Rule 10 CPC requires a finding that the person is a necessary or proper party, and a mundkarial right cannot be assumed without a declaration under the Goa Mundkars (Protection from Eviction) Act, 1975.

13 Jan 2006

The petitioners, original plaintiffs, filed a Regular Civil Suit No.67/2003/A before the Civil Judge, Senior Division, Quepem, seeking relief in respe...

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