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Bombay High Court Dismisses Writ Petition for Lack of Territorial Jurisdiction in Mining Lease Revision Challenge. Revisional Order Passed by Central Government Tribunal at Delhi Does Not Confer Jurisdiction on Nagpur Bench Despite Property Location in Maharashtra.

The petitioner, Vidarbha Mining Association, a registered partnership firm with its registered office at Nagpur, filed a writ petition under Articles ...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Allows Amendment in Plaint to Include Relief Against Transferee Pendente Lite in Property Dispute. Transfer of Property Act Section 52 Applies to Bind Transferee Pendente Lite by Decree.

The petitioners filed Regular Civil Suit No.742 of 1996 seeking declaration and permanent mandatory injunction against the respondents regarding suit ...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

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Bombay High Court Allows Appeal by Maharashtra State Electricity Board Against Decree Declaring Demand Letter Illegal. Court Holds That Dispute Regarding Meter Accuracy Must Be Referred to Electrical Inspector Under Section 26(6) of the Indian Electricity Act, 1910, and Civil Suit Is Not Maintainable.

The Maharashtra State Electricity Board (Board) appealed against a decree passed by the Civil Judge, Senior Division, Kalyan, which declared a demand ...