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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Madras High Court Allows Second Appeal in Property Dispute — Settlement Deed Set Aside for Fraud and Misrepresentation. Continuous Possession and Revenue Records Support Plaintiff's Claim Over Sister's Alleged Fraudulent Deed.

The case involves a property dispute between two sisters, Mahalakshmi (original plaintiff, now deceased) and Rajeswari (first defendant). The suit pro...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Matrimonial Dispute. Amendment Sought After Commencement of Trial Without Showing Due Diligence Under Order VI Rule 17 CPC.

The petitioner, Sou. Chabutai Ulhas Rumale, filed a writ petition challenging the order dated 11.2.2015 passed by the Family Court, Kolhapur in Petiti...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...