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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

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High Court of Bombay Adjudicates Writ Petition Challenging Constitutional Validity of Section 88 of Finance Act, 2004. Petitioner, a tyre manufacturer, contended that the cut-off date of 1 April 2000 for utilization of Additional Excise Duty credit is arbitrary and violates Article 14.

The petitioners, CEAT Limited, engaged in the manufacture of tyres, filed a writ petition under Article 226 of the Constitution of India challenging t...

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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial

The appellants, who were the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC)...