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High Court of Judicature at Bombay Upholds Plaintiff in Summary Suit for Recovery of TDR Sale Consideration, Rejecting Defendant's Sham Defenses. The Court holds that the suit is within limitation, oral modification of written contract does not bar summary remedy, and a defense of oral booking without any written proof is illusory....

The plaintiff, Runwal Developers Private Limited, filed a summary suit in the Bombay High Court against defendant Yogesh Mehta for recovery of Rs. 1,60,40,822/- with interest at 18% per annum. The cla...

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High Court of Bombay Grants Unconditional Leave to Defend in Summary Suit Involving Promissory Note. Defendant Entitled to Leave as Suit Governed by Bombay Money Lenders Act, 1946 and Triable Issues Raised....

The plaintiff, a money lender, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 seeking recovery of Rs. 94,432.87 with interest based on an alleged promissory note dated 23...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case for Notified Person Under Special Court Act. Interest under Sections 234A, 234B, and 234C of Income Tax Act, 1961 not chargeable due to assets being vested in Custodian....

The case involves an appeal by the Commissioner of Income Tax against the decision of the Income Tax Appellate Tribunal which held that the assessee, Divine Holdings Pvt. Ltd., a notified person under...

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Bombay High Court Upholds Life Sentence for Brother Who Murdered Sister with Sickle in SC/ST Act Case — Conviction Under Section 302 IPC Confirmed Based on Circumstantial Evidence and Motive of Suspicion of Immoral Character....

The appellant, Ravsaheb Shivappa Patil, was convicted under Section 302 IPC for the murder of his sister Gourawwa by causing injuries with a sickle on 12.3.2004 at about 1:30 PM in his house at Bhadga...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996....

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The broker filed a petition under Section 34 of the Arbit...

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Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC....

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (Petitio...

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WRIT PETITION NO. 10475 OF 2011...

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1) acting as distributor, with a courier company (R...

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Bombay High Court Dismisses Appeal in Property Dispute Between Sisters-in-Law — Upholds Trial Court's Interim Order Restraining Disturbance of Possession and Creation of Third Party Rights. The Court held that the defendant failed to prove valid title through a power of attorney and that the plaintiff's possession was established....

The dispute arose between two sisters-in-law over the ground floor of a row house in Mumbai. The plaintiff, Neelima Dhiraj Lavana, claimed she owned and possessed the property, having purchased it fro...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Evidence and Unreliable Dying Declaration. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Abdul Riyaz Abdul Bashir, was convicted by the 2nd Adhoc Additional Sessions Judge, Achalpur in Sessions Case No. 57/2005 for the murder of his wife Nargis under Section 302 IPC and sen...