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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 Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. FIR Registered at Nanded Police Station for Offences Under Sections 498A, 406 IPC Quashed as All Alleged Incidents Occurred in Pune, Not Within Local Jurisdiction Under Section 177 CrPC.

The applicants, Sumanbai Chinchvankar (mother-in-law) and Gajendra Chinchvankar (husband), filed a criminal application under Section 482 CrPC seeking...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

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Bombay High Court Allows Section 11 Application Without Clause 12 Leave in Arbitration Dispute Over Pharmaceutical Supply Agreement. Court Holds That Section 11 Application Is Not a Suit and Leave Under Clause 12 of Letters Patent Is Not Required When Cause of Action Arises in Mumbai.

The applicant, VHB Life Sciences Limited, filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Commercial Dispute Over Defective Machinery. Claim Barred by Limitation as Arbitration Reference Made Beyond Three Years from Cause of Action Under Article 137 of Limitation Act, 1963.

The appellant, M/s. Premlaxmi & Co., placed an order with respondent No.1, Ingersoll Rand (India) Limited, for purchase of portable compressors. Four ...