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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

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Bombay High Court Allows Production of Documents in Land Acquisition Reference for Fair Adjudication — Rejects Technical Objections to Late Filing. Documents Marked for Identification During Evidence Held Admissible Under Section 151 CPC to Advance Substantial Justice.

The petitioners, Mr. Avelino Rodrigues and Mrs. Carolina Ana Rodrigues, filed a writ petition challenging an order dated 21.10.2011 passed by the lear...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Readiness and Willingness Not Proved Despite Loan Approval.

The appellant, Ritu Saxena, filed a suit for specific performance of an Agreement dated July 18, 2004, for the purchase of a flat in New Delhi for Rs....

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Bombay High Court Dismisses Contempt Petition Against Member Secretary of Scheduled Tribe Certificate Scrutiny Committee for Alleged Willful Disobedience of Court Order. Court finds that the order was complied with within the extended time granted by the court and there was no willful disobedience.

The present Contempt Petition was filed by Raju Bansilal Rasede, a government servant, praying for taking cognizance and declaring that the contemnor ...