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Bombay High Court Quashes Defamation Proceedings in Property Dispute Between Siblings. Criminal Complaint for Defamation Under Section 500 IPC Quashed as Alleged Defamatory Statements Were Made in Civil Court Pleadings and Not Published to Third Parties.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed by Rajendra Vishwanath Chaudhary and Ashish R...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Possession Suit — Alternate Plea of Revocable License Allowed Under Order VI Rule 17 CPC. Amendment Permitted Despite Proviso as Trial Had Not Commenced and No Prejudice Caused.

The petitioner, Garware-Wall Ropes Ltd., the original defendant, challenged an order dated 13/01/2011 passed by the trial court allowing the responden...

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Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Time Was Not the Essence of Contract, but Plaintiff's Conduct Showed Lack of Readiness and Willingness, Hence Decree for Specific Performance Set Aside.

The case involves two first appeals arising from a common judgment and decree dated 10.1.2008 passed by the III Joint Civil Judge, Senior Division, Na...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed. Substantial Questions of Law Not Formulated Under Section 100 CPC; Appeal Dismissed for Lack of Jurisdictional Error.

The present second appeal was filed by the original defendants challenging the concurrent judgment and decree passed by the courts below in a suit for...

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Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court.

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a p...

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Bombay High Court Dismisses Revision Against Order Setting Aside Ex-Parte Decree in Suit for Possession and Mesne Profits. Court Holds That Sufficient Cause for Setting Aside Ex-Parte Decree Must Be Liberally Constructed Under Order 9 Rule 13 CPC.

The present civil revision application arises from an order passed by the trial court setting aside an ex-parte decree. The petitioners, who were the ...

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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...