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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...

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Bombay High Court Allows Public Interest Litigation Against Encroachment on CIDCO Land by Minister's Relative. Court Orders Demolition of Unauthorized Glass House Construction in No Development Zone and Coastal Regulation Zone.

The petitioner, Sandeep Sharadchandra Thakur, a resident of Navi Mumbai and Vice President of a multinational company, filed a Public Interest Litigat...

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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 Writ Petition Challenging Eviction Decree on Ground of Lack of Jurisdiction of Small Causes Court. Suit for Possession Based on Title Cannot Be Entertained by Small Causes Court When Relationship of Landlord-Tenant Is Denied.

The petitioners were defendants in a suit filed by the respondent for recovery of possession of a house property. The respondent claimed to be the own...

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High Court of Bombay at Goa Disposes of Appeal Against Rejection of Temporary Injunction in Possession Suit — Directs Trial Court to Decide Suit on Merits Within One Year. Suit Pending Since 2001 for Possession of Property and Articles; Interim Adjudication Held Not to Settle Dispute.

The appellants/plaintiffs filed an appeal against the judgment and order of the Additional Civil Judge, Senior Division, Margao, dismissing their appl...

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Bombay High Court Dismisses Writ Petition Challenging Rent Recovery Decree — Concurrent Findings of Fact Not Interfered With Under Article 227. Small Causes Court had jurisdiction under Section 26 of Provincial Small Cause Courts Act, 1887 to decree arrears of rent.

The petitioner, original defendant, challenged the decree passed by the Small Causes Court at Nagpur in Regular Civil Suit No. 40/2000, which was conf...