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Bombay High Court Dismisses Second Appeal in Suit Rejection Case — Conditional Withdrawal Without Payment of Costs Bars Fresh Suit. Order VII Rule 11(d) CPC applied to reject plaint where earlier suits were withdrawn with permission to file fresh suit but costs condition was not fulfilled.

The appellants, original plaintiffs, filed Special Civil Suit No.30 of 2007 seeking declaration that a sale deed was illegal, null and void. The respo...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Dinesh Palyekar, was convicted by the Special Judge, Goa, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances ...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case arises from a Letters Patent Appeal against a judgment dated 2nd February 1988 passed by a learned Single Judge of the Bombay High Court in F...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...

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Bombay High Court Dismisses Landlord's Revision Against Setting Aside of Exparte Decree in Rent Control Case. Tenant's Application Under Order 9 Rule 13 CPC Allowed Due to Improper Service of Summons.

The case involves a civil revision application filed by the landlord, Shailesh Sudhir Joglekar, against the judgment and order dated 26th February 199...

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Bombay High Court Allows Appeal of Food Corporation of India Against Railway Claims Tribunal Order Dismissing Claim for Non-Compliance of Section 80 CPC. Notice Under Section 80 CPC Not Required for Claims Before Railway Claims Tribunal as It Is Not a Civil Court.

The Food Corporation of India (FCI) filed a suit in the Civil Court at Jalgaon on 15.10.1981 for recovery of Rs.30,125/- due to short delivery of 241 ...