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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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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 ...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction — Limitation is a Mixed Question of Law and Facts Not Decided at Threshold Under Order VII Rule 11 CPC.

The present civil revision application was filed by the original defendant No.1 in Regular Civil Suit No.1600/2012 pending before the 16th Civil Judge...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Was Made with Consent and Is Not Contrary to Order XLI Rule 20 CPC.

The review petitioner, Ganesh N. Salunkhe, sought review of an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. The order directed...