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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Debt Recovery Suit — Defendant's Evasive Denial and Limitation Plea Rejected Based on Confirmation of Accounts and Part Payments....

The plaintiff, Ajay Aggarwal, carrying on business as M/s. Royal Elastics, filed a summary suit against the defendant, Mohit Aneja, proprietor of M/s. Amar Fabrics, to recover a sum of Rs. 18,14,447.9...

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Bombay High Court Allows Revision Application in Copyright Dispute Over Film Pakeezah Songs — Assignment of Musical Rights Held Valid and Exclusive. The petitioner, as assignee of sole and exclusive musical recording rights under an agreement dated 13th February 1971, was entitled to exploit the rights without interference from the original plaintiff....

The petitioner, Saregama India Limited (formerly Gramophone Company of India Limited), filed a civil revision application challenging an order passed by the Judge, City Civil Court, in S.C. Suit No. 3...

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Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title....

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial court below Exhibit 77 dated 17th August 2009. The tri...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Not Properly Served, Ex-Parte Decree Set Aside. Service of Summons Found Insufficient Under Order 9 Rule 13 CPC, Suit Restored for Fresh Adjudication....

The petitioner, Vijay Mohan Jagtap, filed a writ petition challenging two orders passed by the trial court in Regular Civil Suit No. 368/2007. The first order dated 20.08.2009 rejected his application...

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Bombay High Court Quashes Removal Order in Cooperative Bank Case — Violation of Natural Justice. Direction to remove employee before show cause notice violates Section 79A(3)(b) proviso of Maharashtra Cooperative Societies Act, 1960 requiring reasonable opportunity of hearing....

The petitioners, The Jalna People's Cooperative Bank Ltd. and its General Manager Nandkishore Tank, challenged an order/notice dated 12.08.2010 passed by the Divisional Joint Registrar, Cooperative So...

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Bombay High Court Quashes Criminal Proceedings in Property Dispute Case — Dispute is Civil in Nature, No Criminal Offence Made Out. Allegations of Criminal Trespass, Cheating, and Forgery Under Sections 448, 468, 471, 420 IPC Read with Section 34 IPC Quashed as the Dispute Pertains to Title and Possession of Flat, Which is Essentially a Civil Dispute....

The petitioners, five individuals including Dhanabai, Suthira, Meenatai, Priya, and Dnyaneshwar, were named as accused in an FIR lodged by respondent No. 3, Rohini Govind Ladhe, at Kranti Chowk Police...

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High Court Dismisses Civil Revision Application Regarding Addition of Party in Appeal — Court Upholds Lower Court's Order....

The dispute arose from a Civil Revision Application filed by the original plaintiffs against an order allowing the addition of a party in their appeal. The plaintiffs sought a perpetual injunction aga...

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High Court Dismisses Public Interest Litigation Against Unauthorized Construction — No Violation of Building Bye-Laws Established....

The case involved a Public Interest Litigation (PIL) filed by 15 petitioners against the construction of an educational institute and hostel in a residential area in Wardha, Maharashtra. The petitione...

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Bombay High Court Upholds Remand to Appellate Court in Rent Control Eviction Case — Right of Appeal Not Violated. Partial Eviction Requirement Under Section 16(2) of Maharashtra Rent Control Act, 1999 Must Be Considered by Appellate Court....

The appellant, Ramesh Danchand Waswani, a tenant of premises owned by respondent Yusufbhai Mukhtar Amir Varawalla, faced eviction proceedings under the Maharashtra Rent Control Act, 1999. The Small Ca...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(1) IPC Set Aside as Prosecutrix's Testimony Found Unreliable and Medical Evidence Did Not Support Allegations....

The appellant, Maroti s/o Domaji Sadmake, was convicted by the trial court under Section 376(1) of the Indian Penal Code, 1860 for allegedly raping a 12-year-old girl, a student of the school where he...