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Bombay High Court Dismisses Revision Applications Against Rejection of Plaint Rejection Application in Partition Suit. Court holds that issues of limitation and cause of action are mixed questions of law and fact requiring trial under Order VII Rule 11 CPC.

The judgment arises from two Civil Revision Applications (CRA No. 12/2024 and CRA No. 13/2024) filed by defendants in a partition suit (RCS No. 78/202...

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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...

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Bombay High Court Dismisses Second Appeal in Property Suit — No Substantial Question of Law Arises. Concurrent findings of fact on possession and part performance under Section 53A of Transfer of Property Act, 1882 upheld.

The case involves a second appeal filed by the legal representatives of the original sole defendant against the judgment and decree passed by the lowe...

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Supreme Court Allows Appeal in Arbitration Case Due to Arbitrator's Failure to Disclose Conflict of Interest. Arbitrator's prior role as counsel for a party in another case raised justifiable doubts about impartiality under Section 12 of the Arbitration and Conciliation Act, 1996.

The case arises from a dispute between Vinod Bhaiyalal Jain and others (appellants) and Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (respondent) regar...

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Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld.

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Di...

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Bombay High Court Allows Recovery of Licence Fees and Mesne Profits in Hoarding Advertisement Dispute. Plaintiff partnership firm entitled to arrears and future compensation for defendant's continued use of hoarding sites after termination of licence.

The plaintiff, a partnership firm registered under the Indian Partnership Act, carried on business of acquiring sites, erecting hoardings, and permitt...