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Supreme Court Allows Appeal in Arbitration Case Over Bank Guarantee Validity - High Court's Direction to Substitute Bank Guarantee Set Aside as Appellant Complied with Original Order for Scheduled Bank Located in India Under Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals arising from special leave petitions filed by SEPCO Electric Power Construction Corporation against Pow...

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Bombay High Court Dismisses Writ Petitions by Market Committee and Licensee in Suit for Possession and Mesne Profits — Licensee Estopped from Denying Licensor's Title Under Section 116 Evidence Act, 1872; Market Committee Not Necessary Party in Co-owner Dispute.

The case involves a dispute over possession of a shop in a market yard. The plaintiffs, Mohammad Hanif Abdul Wahid Shaikh and Mohammad Asif Mohammad H...

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Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Valid, License Revocable Under Section 62 of Easements Act, 1882. Appellate Court Exceeded Jurisdiction by Reversing Declaration of Ownership Without Cross-Appeal.

The appellant, Tulshidas Lokhande, filed a suit for declaration of ownership and possession of Plot No. 273 against the respondent, Madhukar Lokhande,...

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Bombay High Court Allows Second Appeal in Possession Suit — Appellants Entitled to Possession of Suit Property Based on Title and Adverse Possession. Permissive occupation does not create ownership; respondent failed to prove adverse possession or valid title.

The case involves a dispute over possession of a suit plot and house. The original plaintiffs (now appellants) are the sons of Marotrao Dhobale, the o...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Possession Suit — Alternate Plea of Revocable License Allowed Under Order VI Rule 17 CPC. Amendment Permitted Despite Proviso as Trial Had Not Commenced and No Prejudice Caused.

The petitioner, Garware-Wall Ropes Ltd., the original defendant, challenged an order dated 13/01/2011 passed by the trial court allowing the responden...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...