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Supreme Court Dismisses Appeal for Suppression of Material Facts in Land Acquisition Dispute. Writ petitioner must disclose all relevant facts including prior civil suit and appeal; failure to do so disentitles equitable relief under Article 226.

The case involves an appeal by the sons of M. Krishna Reddy against the Bangalore Development Authority (BDA) and others. The appellants claimed that ...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment in Contract Suit — Order 1 Rule 10 CPC Allows Addition of Party for Effective Adjudication Without Prejudice to Plaintiff.

The petitioner, M/s. Devchand Constructions, filed a suit (Special Civil Suit No.22/2003/A) against the Board of Trustees of the Port of Mormugao (res...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Lower Courts. Family Arrangement and Benami Transaction Allegations Rejected as Property Purchased by Deceased from Own Earnings and Joint Family Income.

The case involves a partition suit filed by the wife and children of the deceased Macchhindra against his brothers (appellants). The plaintiffs sought...

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Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

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Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...