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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

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Bombay High Court Dismisses Petition Challenging Termination of Probationer Stenographer for Unsatisfactory Work. Termination of a probationer on grounds of unsuitability is not stigmatic and does not require a formal inquiry.

The petitioner, Pankaj Suresh Bhadane, was appointed as a Stenographer (Lower Grade) with the Labour Court at Thane on 10th September 2012 on probatio...

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Bombay High Court Dismisses Petition Challenging Caste Certificate Verification Order Under Maharashtra SC, ST, DNT, OBC Act, 2000. Services of Employee Claiming Dhangar Caste Not Protected Due to Invalid Caste Certificate and Government Resolution.

The petitioner, Harshalata Sudhakarrao Dhawale, filed a writ petition challenging an order dated 15th March 2013 passed by the Divisional Commissioner...