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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

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Bombay High Court Quashes Termination of Civil Judge on Probation for Violation of Natural Justice and Procedural Irregularities. Termination Order Set Aside as Punitive Without Hearing and Based on Uncommunicated Adverse Remarks.

The petitioner, Smt. S. B. Khandelwal, was selected and appointed as Civil Judge, J.D. and Judicial Magistrate First Class on 12/9/2004 on probation f...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...