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Bombay High Court Dismisses Defendant's Amendment Application in Civil Suit for Lack of Due Diligence. Amendment sought after commencement of trial fails to satisfy proviso to Order 6 Rule 17 CPC as no explanation for delay given.

The petitioner, Mohd. Sajid, original defendant in a civil suit filed in 2008, sought to amend his written statement after the trial had commenced. Th...

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Bombay High Court Decides Legal Question on Production of Documents for Cross-Examination of Party Under CPC. The Court Interprets Order XIII Rule 1(3)(a) and Whether a Party is a 'Witness' for Purposes of Confronting with Documents Not Filed Earlier.

This writ petition under Article 227 of the Constitution of India challenged an order dated 28 September 2016 passed by the Civil Judge, Junior Divisi...

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Bombay High Court Allows Landlord's Eviction Suit — Tenant's Denial of Title Forfeits Tenancy. Denial of Landlord's Title in Written Statement Constitutes Disclaimer Under Section 111(g) of Transfer of Property Act, 1882, and Acceptance of Rent After Forfeiture Does Not Waive Notice.

The dispute pertains to a suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no.33B at Khamgaon, District Buldana, which was le...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...