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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Bombay High Court Allows Writ Petition Challenging Seed Inspector's Entry and Seizure Without Authorization Under Seeds Act, 1966. Entry and seizure of seeds from storage area without prior authorization under Section 14 of Seeds Act, 1966 held illegal and without jurisdiction.

The petitioner, Maharashtra Hybrid Seeds Co. (Pvt.) Ltd., is a company registered under the Companies Act, 1956, engaged in the business of research, ...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...

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Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...