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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Supreme Court Allows Appeal in Copyright Infringement Suit — Suit Barred by Limitation Under Article 58 of Limitation Act, 1963. Cause of Action First Arose in 1995 When Plaintiffs Had Knowledge of Defendants' Claims, Not in 2003 When Notice Was Issued.

The Supreme Court allowed the appeal filed by the defendant (M/s. Zee Telefilms Ltd., now Zee Entertainment Enterprises Ltd.) against the judgment of ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...