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Bombay High Court Allows DNA Test in Partition Suit to Determine Paternity — Application for DNA Test Allowed as Crucial Evidence to Establish Legal Wedlock and Paternity

The petitioners, original plaintiffs in a partition suit (RCS No.186/2002), challenged the order dated 20/06/2012 passed by the learned Civil Judge, J...

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Bombay High Court Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law.

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gif...

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Bombay High Court Dismisses Petition Challenging Rejection of Decree on Admission in Lease Ejectment Suit. Court holds that disputed facts regarding renewal of lease and termination of tenancy preclude summary decree under Order 12 Rule 6 CPC.

The petitioner, M/s. Concrete Developers, a partnership firm, filed a suit for ejectment, possession, damages, and mesne profits against the responden...

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Bombay High Court Hears Admiralty Suit for Recovery of Value of Goods Lost Due to Non-Issuance of Bill of Lading. Claim Against Vessel Owner and Agent for Breach of Duty Under Carriage of Goods by Sea Act is Examined.

This admiralty suit was filed by the plaintiff, Geetanjali Woollen Pvt. Ltd., seeking recovery of US$ 57,860 with interest for the loss of export good...

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Bombay High Court Considers Appeal Against Interim Injunction in Property Dispute Between Mother-in-Law and Daughter-in-Law. Trial Court Restrained Daughter-in-Law from Entering Suit Flat, Allegedly Circumventing Family Court's Order Protecting Her Right to Residence.

The appeal arose from an order dated 19.07.2014 passed by the City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.1959 of 2011 in S.C. Suit No....

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Bombay High Court Stays Eviction of Daughter-in-Law from Matrimonial Home in Property Dispute with In-Laws. Trial Court's Order at Notice of Motion Stage Held to Be in Nature of Final Decree; Right to Residence Under Domestic Violence Act Recognized.

The appellant, Bharati Rajesh Bhave, filed an appeal against an order passed by the trial judge on 3rd October 2015, which allowed a notice of motion ...

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Bombay High Court Dismisses Writ Petition Challenging Small Causes Court Jurisdiction in Rent Dispute. Dispute between a person claiming to be a joint tenant and a trespasser is a suit under the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, triable by the Small Causes Court.

The petitioner, Mrs. Mani Seervai, challenged an order dated 28th February 1986 passed by the Court of Small Causes in R.A.E. Suit No. 1058/3267 of 19...

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Bombay High Court Dismisses Writ Petition Challenging Court Receiver's Appointment in Partnership Dispute. No Jurisdictional Error Found in Order Appointing Receiver Over Partnership Property Under Order 40 Rule 1 CPC.

The case arises from a suit for dissolution of partnership and accounts filed by the respondent-plaintiff against the partnership firm and its partner...

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High Court of Bombay at Goa Quashes Roznama Entry Dismissing Arbitration Suit in Absence of Signed Judgment. Failure to Comply with Sections 33 and Order XX Rules 1 and 2 CPC Renders Pronouncement Invalid, Directs Fresh Hearing on Merits.

The petitioner, M/s Karnataka Cement Pipes Factory Eng. and Contractors, filed a writ petition before the High Court of Bombay at Goa challenging a Ro...