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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Rent Recovery Suit. Denial of Landlord-Tenant Relationship Raises Triable Issue Under Order VII Rule 11(d) CPC.

The petitioner, original defendant in Regular Civil Suit No.447/2009, filed a Civil Revision Application challenging the order dated 23.09.2010 passed...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

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Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...