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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...

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Bombay High Court Enhances Compensation for Injured Surgeon in Motor Accident Claim — Applies Multiplier of 18 and 40% Future Prospects. Claimant's permanent disability assessed at 40% leads to enhanced award of Rs. 18,00,000.

The case involves two appeals arising from a motor accident claim. The claimant, Dr. Narayansing Hazari, a surgeon aged about 54 years, sustained inju...

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Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...