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Bombay High Court Examines Revision Applications Against Rejection of Discharge in Murder Case: Sufficiency of Prima Facie Material at Stage of Discharge Questioned

The case arose from the brutal murder of Sunil Kumar Lahoria, proprietor of M/s. S.K. Builders and Developers, at Vashi, Navi Mumbai, on 16th February...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Allows Plaintiff to Delete Prayers for Attachment Before Judgment in Commercial Summary Suit — Amendment Held Not to Prejudice Defendants' Right to Defend as Framed.

The plaintiff, Jwaladutta Jankidas HUF, filed a commercial summary suit against the defendants, Jayant Bhavanji Soni and another, seeking certain reli...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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Bombay High Court Adjudicates Appeal Against Order Rejecting Impleadment in Suit for Specific Performance. Appellants Sought to Be Added as Co-Plaintiffs, Citing Interest in Property and Necessity for Complete Adjudication.

This appeal arose from the order of a learned single Judge of the Bombay High Court rejecting Chamber Summons No.1334/2004, by which the appellants so...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

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Bombay High Court Allows Revision in Specific Performance Suit — Unregistered Partnership Firm Barred from Suit Under Section 69 of Indian Partnership Act, 1932. Plaintiff's admission of non-production of registration document leads to rejection of plaint under Order VII Rule 11 CPC.

The petitioners, original defendants in a suit for specific performance of contract, filed a Civil Revision Application under Section 115 CPC challeng...