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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Hears Writ Petitions Challenging Reduction of Debarment Penalty in Solid Waste Tender Dispute. Court Considers Whether Appeal Against Debarment Order Was Maintainable Under Contractor Registration Rules, 1992.

The dispute arose from a tender floated by the Municipal Corporation of Greater Mumbai (MCGM) on 08.05.2018 for transportation of municipal solid wast...

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Bombay High Court Allows Execution of Consent Decree Without Notice to Non-Signatory Defendants Under Order XXI Rule 22(2) CPC. Court held that notice under Order XXI Rule 22 CPC can be dispensed with when judgment-debtors had notice of the consent decree and failed to comply with reciprocal obligations.

The plaintiff, Ashford Developers Pvt. Ltd., filed a Chamber Summons in Execution Application seeking directions to the Prothonotary to take on file a...

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High Court of Karnataka Hears Challenge to FIR Against Income Tax Officials: Sections 138 and 293 Income Tax Act Protection Argued. Court Examines Whether Notice Under Section 91 Cr.P.C. Can Override Statutory Safeguards in Search and Seizure Cases.

The writ petition was filed by income tax authorities under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of...

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Bombay High Court Dismisses Port Trust's Challenge to Industrial Tribunal Award Setting Aside Disciplinary Enquiry. Enquiry Found Vitiated Due to Violation of Natural Justice and Perverse Findings Under Section 10 of Industrial Disputes Act, 1947.

The Board of Trustees of the Port of Mumbai (Petitioner) challenged an award dated 18th May, 1999 passed by the Presiding Officer of the Central Gover...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...