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High Court of Bombay at Goa Dismisses Civil Revision Application in Tenancy Dispute — Order VII Rule 11 CPC Application Properly Dismissed. Plaint Not Barred by Law as Tenancy Claim Requires Proof, Not Mere Allegation.

The applicant, Blaze Fernandes, filed a Civil Revision Application under Section 115 CPC challenging the order dated 08.03.2018 of the Civil Judge Jun...

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Bombay High Court Dismisses Husband's Appeal Against Denial of Divorce on Ground of Cruelty and Upholds Restitution of Conjugal Rights. Suppression of Wife's Ailment and Eccentric Behaviour Not Proven as Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant husband, Gaurav Sanjeev Wattal, and the respondent wife, Pallavi Gaurav Wattal, were married on April 30, 2006. Both are highly educated...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Bombay High Court Dismisses Appeal in Admiralty Suit — No Additional Security Required for Vessel Release. Court held that the appellant/plaintiff was adequately secured by existing bank guarantee and security, and no rearrest or additional security was warranted under the Admiralty jurisdiction.

The case involves an appeal by HSH Nordbank AG (the original plaintiff) against an order dated 24 March 2014 passed by a learned Single Judge of the B...