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Bombay High Court Dismisses Civil Revision Application – Execution Proceedings Maintainable Despite Irregularity in Decree Transfer. Non-use of Prescribed Form for Transfer Certificates Held Not Material Irregularity Under Order 21 Rule 90 CPC; Substantial Compliance with Section 38 CPC Sufficient....

Background: Two civil revision applications arose from execution proceedings instituted by the decree holders against the Municipal Council, Tumsar, the judgment debtor. Facts: Decrees were passed by ...

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Bombay High Court Allows Revision Against Order Granting Leave to Defend in Summary Suit Despite Arbitration Clause. Court holds that existence of arbitration agreement does not bar summary suit under Order 37 CPC, but objection as to maintainability must be decided before granting leave to defend....

The dispute in this case arises from a summary suit filed by the respondent, M/s. Jalaram Feeds, against the applicants, Narayana Farm Produce Pvt. Ltd. and its director, under Order 37 Rule 2 of the ...

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Bombay High Court Allows Impleadment of Third Parties in Specific Performance Suit Under Order 1 Rule 10(2) CPC — Co-owners and Signatories to Development Agreement and Partition Deed Held Necessary for Effectual Adjudication....

The petitioner, M/s. Divya Builders, a registered partnership firm, filed a suit for specific performance of contract and permanent injunction against the respondent, Smt. Suhasini Mankirao Popatkar, ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct....

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order date...

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Bombay High Court Decides Legal Question on Production of Documents for Cross-Examination of Party Under CPC. The Court Interprets Order XIII Rule 1(3)(a) and Whether a Party is a 'Witness' for Purposes of Confronting with Documents Not Filed Earlier....

This writ petition under Article 227 of the Constitution of India challenged an order dated 28 September 2016 passed by the Civil Judge, Junior Division, Panaji, which allowed the defendant in a civil...

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Bombay High Court Dismisses Contempt Petition Against Town Planner and Panchayat Secretary for Alleged Violation of Undertaking in Land Access Dispute. The Court Held Contempt Not Maintainable Against Non-Parties to Original Proceeding as Undertaking was Given Only by Sole Respondent....

The Petitioners filed a Contempt Petition alleging wilful disobedience of an order dated 19.10.2016 passed in Writ Petition No.747/2014. The dispute pertained to access to a paddy field and constructi...

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Bombay High Court Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Guarantee Dispute. The court held that the Debt Recovery Tribunal has jurisdiction to entertain claims for recovery of amounts due under bank guarantees, and the petitioner's challenge was without merit....

The petitioner, Gammon India Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28th September 2005 passed by the Debt Recovery Appellate Tribunal...

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Bombay High Court Directs Expeditious Decision on Deregistration of Cooperative Society Seeking to Be Governed Solely by Public Trust Act. Proposal for Deregistration Under Section 21 of Maharashtra Cooperative Societies Act, 1960 Held Maintainable and Must Be Decided Within Three Months....

The petitioner, Pachora Taluka Cooperative Education Society Ltd., is a cooperative society registered in 1936 under the Bombay Cooperative Societies Act, 1925, and also registered under the Bombay Pu...

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Bombay High Court Dismisses Writ Petition Against Trial Court Order Rejecting Applications for Deletion of Issues and Direction to Defendants to Lead Evidence First. High Court Upholds Trial Court's View That Plaintiffs Must First Prove Their Case, and Order 18 Rule 1 CPC Does Not Empower Court to Compel Defendants to Begin Evidence....

The dispute arose from a civil suit filed by the legal heirs of one Tamizbee, a Muslim pardanashin lady, who allegedly executed a registered mortgage deed dated 25.04.1966 in favor of the defendants. ...