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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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Bombay High Court Allows Amendment in Partition Suit After Remand — Liberal Approach to Pleadings Under Order VI Rule 17 CPC. Defendants' Application for Amendment of Written Statement Rejected by Trial Court on Grounds of Delay and Lack of Bona Fides Set Aside; Amendment Allowed with Costs.

The petitioners, defendants in a suit for declaration, partition and separate possession, challenged the trial court's order dated 27/06/2016 rejectin...

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Bombay High Court Dismisses Reference Under Land Acquisition Act for Enhancement of Compensation; Claimants Fail to Prove Land Ownership. Court Upholds Land Acquisition Officer's Award of Demolition Value for Structures as No Evidence of Higher Value Was Produced.

The dispute arose from an acquisition of land and structures for a public purpose, namely a municipal school, garden, medical college, and road, in Vi...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case for Lack of Evidence. Claimant's claim of irrigation and high yield not proved, compensation restored to LAO's award.

The State of Maharashtra appealed against the judgment of the 2nd Joint Civil Judge Senior Division, Akola, which enhanced compensation for land acqui...

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Bombay High Court Quashes Show Cause Notice in CENVAT Credit Case Due to Violation of Natural Justice. Non-supply of documents and denial of cross-examination vitiated the notice under Article 226 of the Constitution.

The petitioner, Supermax Personal Care Pvt. Ltd., a company engaged in manufacturing excisable goods such as safety razors, blades, and shaving system...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...