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Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Courts Below Upheld. Agreement to Sell Not Proved as Genuine Transaction; Appellate Court's Reversal of Finding on Nature of Transaction Was Justified.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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Bombay High Court Allows Appeal in Succession Act Case — Discharge of Executrix Set Aside. Court holds that mere delay in filing accounts does not warrant removal of an executrix under Section 301 of the Indian Succession Act, 1925, especially when no loss or prejudice is caused to the estate.

The appellant, Ms. Neeru Batra, was appointed as the executrix of the Will of the deceased. She filed a petition for probate, which was granted. Subse...

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Supreme Court Hears Civil Appeals Challenging High Court's Validation of Kamal Vihar Township Development Scheme. Core Legal Question is Whether Scheme Violates Constitution (73rd and 74th Amendments) and Statutory Provisions of M.P. (C.G.) Nagar Thatha Gram Nivesh Adhiniyam, 1973.

The Supreme Court heard a bunch of civil appeals arising from the decision of the Division Bench of the High Court of Chhattisgarh, which had upheld t...

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CRIMINAL WRIT PETITION NO.3931 OF 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

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Karnataka High Court Hears First Appeal Against Dismissal of Suit for Permanent Injunction and Damages in Software Development Contract. Suit Alleged Breach of Implied Contract by C-DAC Following Public Advertisement for Tamil Language Software Tools.

The appellant, M/s. Applesoft, a software development firm, filed a suit seeking a permanent injunction against the respondents, the Centre for Develo...

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Bombay High Court Dismisses Writ Petition Against Trial Court's Rejection of Witness Summons to Adversary in Partition Suit. Trial Court's Order Upheld That a Party Cannot Call Its Adversary as Its Own Witness Under Order XVI Rule 1 and Rule 21 of Code of Civil Procedure, 1908.

The litigation arose from a suit for partition, possession and perpetual injunction instituted by the original plaintiffs, whose predecessor Digambar ...

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Bombay High Court Reviews Writ Petition in Tenancy Dispute — Challenge to MRT Order Upholding Tenancy Claim. The Court Examined Whether Tenancy Rights Could Be Established Absent Rent Receipts and Mutation Entries Under Section 70(b) of the Maharashtra Tenancy and Agricultural Lands Act, 1948.

The Bombay High Court was considering a writ petition challenging the judgment and order dated 6 December 1997 passed by the Maharashtra Revenue Tribu...

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Court Upholds PMC's Demolition Notices for Illegal Green Belt Constructions in Pune. Petitioners' Plea for Regularization Rejected; Costs Imposed for Violations of Environmental Regulations

The petitioners challenge the demolition notices issued by the Pune Municipal Corporation (PMC) for illegal structures built in the green belt zone on...