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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

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High Court of Bombay at Goa Dismisses Commercial Appeal in Territorial Jurisdiction Dispute — Suit for Recovery of Excess Payment Filed in Wrong Court. District Court's Return of Plaint for Want of Jurisdiction Upheld as Plaintiff Failed to Establish Cause of Action Accrual in Goa Under Section 20 CPC.

The appellant, Ocean Marine Environment Coatings Private Limited, filed a commercial appeal challenging the judgment and order of the District and Ses...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...