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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...

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Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

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Bombay High Court Allows Transfer of Divorce Petition from Kalyan to Pune in Favor of Wife. Wife's Convenience and Pending Related Proceedings at Pune Outweigh Husband's Choice of Forum Under Section 24 CPC.

The applicant wife, Smt. Priyanka Patro, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proce...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 IPC set aside as the complainant's testimony suffered from material contradictions and lack of corroboration.

The appellant, Nilesh Ramdhan Gavai, was convicted by the Additional Sessions Judge, Pune for the murder of Laxman under Section 302 IPC and sentenced...

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Supreme Court Allows Transfer Petition in Matrimonial Dispute and Consolidates Maintenance Proceedings for Joint Hearing. Family Court in Kolkata Directed to Hear Both Cases Together with Expedited Priority and Mediation Consideration Under Section 125 of Code of Criminal Procedure, 1973.

The Supreme Court heard a transfer petition in a matrimonial dispute between spouses. The petitioner wife sought transfer of a matrimonial case pendin...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Supreme Court Disposes Transfer Petition by Mutual Settlement and Dissolves Marriage Under Article 142. Parties Agree to Withdraw All Cases Including Under Section 125 Cr.P.C. and Domestic Violence Act, 2005.

The Supreme Court disposed of a transfer petition arising from matrimonial disputes between Kirti Vijayvargiya (petitioner-wife) and Rahul Vijayvargiy...

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Supreme Court Allows Divorce by Mutual Consent Under Article 142 After Settlement in Matrimonial Dispute. Marriage Dissolved on Agreed Terms Including Financial Settlement for Wife and Daughter.

The appellant-husband and respondent-wife were married on 07.05.1998 and had a daughter. Due to strained relations, they lived separately. The husband...