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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Supreme Court Allows Appeal in Consumer Dispute Over Partnership Investment — Complaint Not Maintainable Under Consumer Protection Act, 1986 as Complainant Was a Partner and Transaction Was Commercial. Partner Cannot Be a Consumer; Legal Heirs of Deceased Partner Not Liable in Consumer Forum.

The Supreme Court allowed the appeal filed by the legal heirs of a deceased partner against the concurrent orders of the consumer fora directing them ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Tender at Envelope Opening Stage in Public Works Contract. Tender Evaluation Procedure Must Follow Stipulated Conditions; Rejection Without Opening Price Bid Held Invalid.

The petitioners, three artificial persons, filed a writ petition under Article 226 of the Constitution of India challenging the action of respondent n...

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High Court of Judicature at Bombay Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Stands Unless Rebutted by Accused. Failure to Rebut Presumption of Legally Enforceable Debt Leads to Conviction Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for d...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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Bombay High Court Dismisses Writ Petition Challenging Dismissal of Suit by Partner of Unregistered Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Accounts and Injunction by Partner of Unregistered Firm Held Not Maintainable.

The petitioner, Chandrayya Mutwayya Irabatti, was the original plaintiff in Special Civil Suit No.139 of 1987 filed before the III Joint Civil Judge, ...