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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Shop Due to Failure to Prove Valid and Concluded Contract. Plaintiff failed to establish that the agreement was final and binding, and the suit was barred by limitation.

The plaintiff, Shriram Gangaram Gupta, filed a suit in 1980 seeking a declaration that there was a valid and concluded agreement with Defendants Nos. ...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...

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Bombay High Court Hears Notice of Motion for Interim Eviction of Non-Cooperating Members in Housing Society Redevelopment. The Court examines the Society's plea under the Maharashtra Co-operative Societies Act, 1960 for mandatory orders against members who refuse to vacate despite a majority resolution.

Background: The matter arises from a suit filed by Vikram Delite Co-operative Housing Society Ltd., a cooperative housing society registered under the...