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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Order Refusing Interim Relief in Development Agreement Dispute. Court Upholds Trial Court's Discretion in Refusing Injunction Where Balance of Convenience Favored Status Quo and No Irreparable Loss Was Shown.

The appellant, Villa Realcon LLP, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated September...

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Bombay High Court Upholds Eviction Decree for Landlord's Bonafide Requirement to Run Beer Bar — Concurrent Findings of Fact Not Disturbed Under Article 227. Landlord's experience in liquor business and financial capacity established bonafide need for suit premises under Rent Control Act.

The case involves a landlord-tenant dispute where the landlord, Dilip Gyanchand Khemani, filed Regular Civil Suit No. 17 of 2006 for eviction of the t...

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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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Bombay High Court Dismisses Plaintiff's Suit for Damages Against Bank in Negligence and Breach of Contract Claim. Plaintiff Fails to Prove Alleged Fraud and Collusion by Bank Officials in Dishonour of Bills of Exchange and Stoppage of Cash Credit Account.

The Plaintiff, Dileep Nevatia, sole proprietor of M/s. Sundeep Industries, filed a suit against the State Bank of India (successor to State Bank of In...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...