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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Supreme Court Allows Revenue Appeals in Income Tax Special Audit Time Extension Case. Assessing Officer Had Suo Motu Power to Extend Time Under Section 142(2C) Even Before 2008 Amendment.

The case involves a batch of appeals by the Commissioner of Income Tax against the judgment of the Delhi High Court, which had dismissed the Revenue's...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....