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Bombay High Court Dismisses Writ Petition Against Rejection of Plaint, Holds Appeal Lies Under Section 96 CPC. Rejection of plaint under Order 7 Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 96 CPC, not subject to writ jurisdiction.

The petitioner, Udasing Jagmohansing Dikhat-Thakur, filed Special Civil Suit No. 14 of 2022 in the Court of Civil Judge Senior Division, Beed, seeking...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Dismissal for Default. Claimant's absence on one date not sufficient to dismiss claim petition without considering merits under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sayyed Nadaf, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Premeditation. Conviction under Section 302 IPC Set Aside as Incident Occurred During Sudden Quarrel Without Premeditation, Attracting Exception 4 to Section 300 IPC.

The appellant, Sanjay Tarasingh Thakur, was convicted by the Additional Sessions Judge, Pune in Sessions Case No. 631 of 2010 for offences under Secti...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Prosecution and Lack of Sufficient Cause for Restoration. Plaintiff failed to appear for 11 years and did not provide adequate explanation for delay in seeking restoration of suit.

The appellant, Sau. Maya Jagtap, filed Special Civil Suit No.94/2000 seeking specific performance of an agreement to sell an agricultural field before...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Allows Letters Patent Appeal Against Single Judge's Dismissal of Writ Petition Challenging Eviction Order on Ground of No Service. Failure of Natural Justice and Invalid Service Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The case involves a Letters Patent Appeal filed by the appellant, a tenant, against the judgment and order dated 13.08.2010 of a learned Single Judge ...