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Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 9-A CPC for Framing Issue of Res Judicata as Preliminary Issue. Res Judicata is Not a Jurisdictional Issue Under Section 9-A CPC, Hence Application Not Maintainable.

The petitioner, Kisanrao Kulkarni, was a defendant in a civil suit (RCS No.79/2008) filed by the respondent/plaintiff for declaration of ownership and...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Civil Suit. Filing of a civil suit does not constitute waiver of arbitration rights unless the suit seeks to enforce the same cause of action against the same parties.

The petitioner, Indapur Dairy And Milk Products Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Allows Petition Challenging Civil Court Jurisdiction Over Wakf Property Injunction Suit. Wakf Tribunal Has Exclusive Jurisdiction Under Section 85 of Wakf Act, 1995.

The petitioner, original defendant in Regular Civil Suit No.34/2016, challenged the order of the Trial Court dated 11.06.2018 which held that the suit...

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Bombay High Court Dismisses Petition Challenging Discharge of Probationer Caretaker for Unsatisfactory Performance. Probationer's services terminated after multiple extensions of probation period due to unsatisfactory performance; court held that no inquiry is required before discharge during probation.

The petitioner, Sanjoy Datta, was appointed as a caretaker on probation for two years by the Central Board for Workers Education (Board) vide order da...