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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Allows Condonation of 807-Day Delay in Restoration Application Due to Petitioner's Serious Ailments and Forgetfulness. The court held that the petitioner's medical condition constituted sufficient cause for the delay, and the trial court's order was set aside.

The petitioner, Arun Krushnaji Pawar, filed a writ petition under Article 227 of the Constitution of India challenging the order of the Joint Civil Ju...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for BAPS Temple Construction — Acquisition Upheld as Valid Public Purpose Under MRTP Act, 1966. Petitioners lacked locus standi and filed petition after 10-year delay, leading to dismissal.

The petitioners, Mr. Salim Naim Khan and Mrs. Reshma Salim Khan, filed a writ petition challenging the acquisition of land by the State of Maharashtra...

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Bombay High Court Acquits Accused in Dacoity Case Due to Lack of Identification and Recovery. Conviction under Sections 395, 397, 457, 380, 342, 427 IPC set aside as prosecution failed to prove identity of accused and recovery of stolen articles.

The appellant, Polisha Ganpat Pawar, was convicted by the Vth Additional Sessions Judge, Nashik on April 12, 2002 in Sessions Case No.175 of 2001 for ...

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Bombay High Court Disposes Pending Applications and Show Cause Notices in Scheme of Compromise Under Section 391 of Companies Act, 1956. Criminal Proceedings Under Maharashtra Protection of Interest of Depositors Act, 1999 Allowed to Continue Notwithstanding Sanction of Scheme.

The matter arose from a scheme of compromise and arrangement proposed by Europlast India Ltd. under Section 391 of the Companies Act, 1956. The unsecu...

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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...