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Bombay High Court Allows Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881 Filed by Power of Attorney Holder Without Proper Authorization. Power of Attorney Holder Must Have Proper Authorization to File Complaint Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, A.C. Narayanan, was the accused in multiple complaints under Section 138 of the Negotiable Instruments Act, 1881, filed by the responde...

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High Court of Bombay Nagpur Bench Hears Second Appeal on Tenancy Dispute Involving Partnership Firm. Whether Agreement with Individual Partner Creates Tenancy with Unregistered Firm Determined.

The case arose from a suit for possession of a shop, originally filed by the appellant (landlord) against the respondents, claiming that the suit shop...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting application for condonation of delay by applying strict standards instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a property dispute between family members. The plaintiff, Vinay Madhukar Kulkarni, filed a suit for perpetual injunction against the...

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Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...