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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

4 Jul 2012

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

High Court

Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.

24 Aug 2012

The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...

High Court

Bombay High Court Quashes Developer Removal in Slum Rehabilitation Case Due to Bias — Participation of CEO in Appellate Committee Violates Natural Justice. CEO who passed initial removal order cannot sit as member of High Power Committee hearing appeal against his own order under Slum Rehabilitation Authority regulations.

14 Aug 2012

The petitioner, Susme Builders Private Limited, a developer, was selected by the respondent Co-operative Society in 1986 for redevelopment of its prop...

High Court

Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

14 Aug 2012

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

High Court

Bombay High Court Restrains Arbitration Against Non-Signatory Parent Company — No Arbitration Agreement Exists Between Plaintiff and Defendant No.1 Under Contract Between Subsidiary and Contractor. Court Holds That Absence of Privity of Contract and Definition of Parties in Arbitration Clause Preclude Binding Non-Signatory to Arbitration Under Section 45 of the Arbitration and Conciliation Act, 1996.

14 Sep 2012

The plaintiff, JSW ISPAT Steel Limited, filed a suit seeking a declaration that there is no arbitration agreement between it and defendant No.1, Jeumo...

High Court

Bombay High Court Quashes Industrial Court Order in Unfair Labour Practice Case — Agreement Not Proved. Non-recognized union cannot enforce alleged agreement; burden of proof on complainant to establish agreement and unfair labour practice under MRTU & PULP Act.

7 Sep 2012

The Thane Municipal Corporation and its officers filed a writ petition challenging an order of the Industrial Court, Thane, dated 4 November 2011, whi...

High Court

Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

30 Oct 2012

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

High Court

Bombay High Court Grants Probate to Executor in Will Dispute, Upholds Execution and Dismisses Caveat for Lack of Proof of Undue Influence. The court held that the propounder of the Will had discharged the burden of proving due execution and testamentary capacity, and the caveator failed to establish suspicious circumstances or undue influence.

16 Jan 2019

The plaintiff, The Maharashtra Executor And Trustees Co. Ltd., filed a testamentary petition seeking probate of the last Will and Testament dated 22nd...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Allows Framing of Additional Issue on Validity of Partition Deed Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Trial Court's Rejection Set Aside. The court held that the issue regarding validity of partition deed under the Act was necessary for just decision and directed framing of additional issue.

15 Feb 2019

The petitioner, Tulshiram Kasale, filed a civil suit (RCS No.143/2008) against his brother and others seeking partition of ancestral property. During ...

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