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High Court of Bombay at Goa Hears Writ Petition Challenging Electricity Demand Notice and Rebate Calculation. Dispute Concerns Application of 25% Tariff Rebate Under Indian Electricity Act, 1910 Pursuant to 1999 Judgment

The matter concerns a writ petition under Article 226 of the Constitution of India filed by a sick industrial unit engaged in steel manufacturing. The...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred.

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) a...

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...