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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Allows Writ Petition Challenging Tribunal's Order in Service Transfer Dispute — Transfer on Request Cannot Be Challenged; Tribunal's Direction for Reconsideration Set Aside.

The petitioner, Ganesh Jairam Jagdale, a Tahsildar, challenged a common judgment dated 22/10/2020 of the Maharashtra Administrative Tribunal, Nagpur B...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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Bombay High Court Dismisses Writ Petition for Caste Certificate Validity Due to Abuse of Process and Fraudulent Claims. Petitioner's repeated litigation and forged documents led to dismissal with costs for claiming Thakar Scheduled Tribe status.

The petitioner, Seema Satyawan Bhadekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, representi...

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High Court of Bombay at Goa Dismisses State's Petition Challenging Refusal to Extend Time for Filing Written Statement in Medical Negligence Suit. Delay of Over 5 Years in Filing Written Statement Not Condonable Under Order XXVII Rule 7 CPC as No Sufficient Cause Shown.

The State of Goa and the Public Health Department filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08/...

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Bombay High Court Dismisses Petition Seeking Reinstatement of Investigating Officer in NDPS Case — Transfer of IO is an Administrative Decision Not Subject to Judicial Review Unless Malafide

The petitioner, Salil Anupendra Chaturvedi, filed a criminal writ petition under Article 226 of the Constitution of India challenging the transfer of ...