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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 Allows Condonation of Delay in Divorce Appeal Due to Alleged Fraud and Suppression of Ex-Parte Decree by Husband. The court found sufficient cause for delay of 5 years 144 days as the wife was unaware of the ex-parte divorce decree obtained allegedly by fraud and suppression.

The appellant, Mrs. Regi Suresh Nair, filed a Civil Application for condonation of delay of 5 years and 144 days in filing an appeal against an ex-par...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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KAHC030005792015_1

The judgment relates to a conglomeration of appeals and cross-objections arising out of land acquisition proceedings initiated by the State of Karnata...

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Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Landlord's Bonafide Need Under Maharashtra Rent Control Act, 1999. Concurrent findings on bonafide need and hardship not interfered with under Section 115 CPC as they were not perverse.

The petitioners, original defendants/tenants, challenged the concurrent eviction decrees passed by the trial court and the first appellate court under...

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Bombay High Court Allows Appeal in Property Tax Dispute — Municipal Corporation Cannot Levy Tax on Land Outside Its Limits. Library Building on Gat No. 72, Satara Village, Held Outside Aurangabad Municipal Corporation Area, Tax Demand Quashed.

The appellant, Gramaudyogik Shikshan Mandal, a registered charitable trust imparting technical education, filed a suit against the Municipal Corporati...