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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

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High Court Dismisses Petition Challenging Arbitral Award in Intermediary Fee Dispute. Court upholds award directing payment of success fee under mandate agreement for introduction of investor.

The petitioner, Airex Logistics Express Services P. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...