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High Court of Bombay Holds Second Appeal by Pendente Lite Purchasers Maintainable. Purchasers Entitled to Appeal Against Appellate Decree Favoring Defendants Under Order XXII Rule 10 CPC.

The dispute concerned title and possession of a suit house. The original plaintiff, Sonuji Maharuji Raut, filed Regular Civil Suit No. 295 of 1982 aga...

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NCLAT Dismisses ED's Appeal as Time-Barred in IBC Resolution Plan Approval Case — Delay of 62 Days Not Condoned Due to Lack of Sufficient Cause.

The Directorate of Enforcement (ED) filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging an order dated 07.0...

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Company Appeal (AT) (Insolvency) No. 1422 of 2024

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Bombay High Court Considers Second Appeal Challenging Rejection of Condonation of Delay in Appeal Against Injunction Decree. The Court Analyzed Principles Governing Condonation of Delay Under Section 5 of the Limitation Act, 1963, as Laid Down in Esha Bhattacharjee v. Managing Committee.

The case involved an application for condonation of delay filed by the Superintending Archaeologist, Archaeological Survey of India, in appealing a de...

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Bombay High Court Dismisses Application Under Section 24 CPC Seeking Transfer of Appeal as Abuse of Process — Costs Imposed. Transfer Sought on Allegations of Bias to Delay Proceedings in Pending Rent Appeal, Court Holds That Unfounded Allegations Cannot Ground Transfer.

The matter arose from an eviction decree passed on 21.10.2005 in TE & R Suit No.253/274 of 2003 by the Small Causes Court at Bombay. The appellant No....

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...