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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Dismisses Writ Petitions Challenging Order Allowing Production of Additional Documents in RAE&R Suit. Court Held That Mere Production of Documents Without Ruling on Admissibility Does Not Cause Prejudice to Petitioners.

The case involves four writ petitions filed by the petitioners challenging an order dated 1 August 2022 passed by the learned Judge, Small Causes Cour...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...