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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition.

The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised...

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Bombay High Court Quashes Criminal Process in Cheque Dishonour Case Due to Civil Nature of Dispute. Failure to Pay Under Consent Terms Does Not Attract Criminal Liability Under Section 138 of Negotiable Instruments Act, 1881 When Dispute is Essentially Civil.

The petitioners, Nirman Raltors and Developers Ltd. and two individuals, filed a writ petition challenging an order dated 06.09.2018 passed by the Jud...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Case Based on Subletting Without Consent Under Bombay Rent Act. Subletting Established Through Exclusive Possession and Receipt of Rent by Tenant from Subtenant.

The case involves a landlord (original plaintiff) who filed a suit for eviction against the tenant, M/s. Hitex Embroidery Pvt. Ltd., under the Bombay ...