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Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...

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Bombay High Court Dismisses Revision Against Execution of Cooperative Court Decree for Allotment of Plot. Executing Court Cannot Go Behind Decree; Objection Regarding Non-Existence of Plot Not Entertained as Decree Had Attained Finality.

The case arises from a dispute between a member (respondent) and a cooperative housing society (applicant) regarding allotment of plots. In 1991, the ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Dismisses Wife's Appeal Against Divorce Decree for Non-Resumption of Cohabitation. Court Upholds that Wife's Refusal to Join Husband in USA and Inaction on Restitution Decree Justifies Divorce Under Section 13(1A)(ii) of Hindu Marriage Act, 1955.

The appeal arose from a matrimonial dispute where the wife challenged the Family Court's decree of divorce granted to the husband on the ground of non...

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High Court of Bombay at Goa Hears First Appeal Against Partial Decree in Suit for Specific Performance of Development Agreement. Trial Court Declared Forfeiture of Advance Unlawful but Denied Specific Performance, and Appellant Seeks Reversal.

This First Appeal challenged the judgment and decree dated 20.09.2013 passed by the Civil Judge Senior Division, Vasco in Special Civil Suit No. 13/20...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

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Bombay High Court Considers Challenge to Penalty Under Maharashtra Stamp Act for Delayed Payment. Court Analyses Effect of Interim Stay on Demand Date Under Section 31(4).

The petitioner, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution challenging demand n...