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Bombay High Court Dismisses Appeal by Legal Heirs of Deceased Husband Seeking to Continue Divorce by Mutual Consent Petition. Right to Sue for Divorce is Personal and Does Not Survive to Legal Heirs Under Section 13-B of the Hindu Marriage Act, 1955.

The case involves an appeal by the mother and brothers of the deceased husband, Aniket, against an order of the Family Court refusing to allow them to...

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Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

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Bombay High Court Allows Withdrawal of Suit Against Defendant No.2 and Acceptance of Consent Terms in Matrimonial Property Dispute Under Article 227 of the Constitution of India. Plaintiff's Unconditional Right to Withdraw Suit Under Order 23 Rule 1 CPC Upheld.

The petitioner, Naseem Riyaz Khalifa, filed a suit for declaration and perpetual injunction against his wife (Respondent No.1) and her power of attorn...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...