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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Grants Bail to Approver in MCOCA Case Due to Long Incarceration and No Likelihood of Trial Conclusion. Right to Speedy Trial Under Article 21 Prevails Over Stringent Provisions of MCOCA.

The applicant, Danish Ali Jamaluddin Ahmed, was arrested on 1 December 2018 in connection with FIR No. 326 of 2018 (later renumbered as FIR No. 36 of ...

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Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

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Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

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Bombay High Court Quashes Suspension and Departmental Inquiry Against Municipal Employee for Lack of Jurisdiction. Suspension Order Passed by Municipal Commissioner Instead of General Body Held Invalid Under Section 57 of Maharashtra Municipal Corporations Act, 1949.

The petitioner, Mr. Sanjay G. Gharat, an employee of the Kalyan Dombivali Municipal Corporation (KDMC), challenged the suspension order dated 18th Jun...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...