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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

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Bombay High Court Dismisses Petition Seeking Cash Compensatory Support for Deemed Exports Under Duty Exemption Scheme. CCS Not Available for Supplies Made to Advance License Holders as Policy Only Covers Direct Exports.

The petitioners, Maharashtra Fur Fabrics Ltd. and its shareholder, filed a writ petition challenging orders of the Ministry of Commerce denying Cash C...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Dispute Based on Unenforceable Promise. Promise to allot plot in future layout not a concluded contract as terms were uncertain and no consideration passed.

The appellant, Naresh Govardhan Gandhi, filed a second appeal before the Bombay High Court challenging the dismissal of his suit for declaration of ow...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Allows Writ Petition Challenging Suo Motu Recall of Impleadment Order in Specific Performance Suit. Trial Court's Order Set Aside for Violating Natural Justice as Affected Party Was Not Heard.

The petitioner, Sk. Naser, brother of respondent No.1, sought impleadment as plaintiff No.2 in a suit for specific performance of contract for sale of...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Decree for Specific Performance Set Aside as Plaintiff Did Not Show Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellants (original defendants) challenged the order of the Extra Adhoc District Judge, Kelapur, dated 19.1.2011, in Regular Civil Appeal No.181 ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932.

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performa...