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Bombay High Court Allows Amendment of Written Statement in Commercial Suit, Rejecting Limitation Bar Under Article 137. Article 137 of Limitation Act, 1963 Held Inapplicable to Applications for Amendment of Pleadings, Allowing Defendants to Elaborate Existing Defences.

The case involves a Chamber Summons taken out by defendant nos. 1, 2, 4, and 5 in Suit No. 2256 of 1998 pending before the Bombay High Court. The defe...

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Bombay High Court Initiates Contempt Proceedings for Fabricated School Leaving Certificate in Civil Suit. Court finds document fraudulent after CID investigation, imposes compensatory costs and sentences applicant and advocates for perjury and contempt.

The case arises from Suit No. 1780 of 1993 pending before the Bombay High Court. In that suit, one Madhu Lakhma Kakade filed Chamber Summons No. 220 o...

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Bombay High Court Allows Plaintiffs to Lead Rebuttal Evidence in Specific Performance Suit Under Order 18 Rule 3 CPC. Plaintiffs granted permission to rebut evidence on supplementary agreement disclosed during trial.

The plaintiffs, Usha D. Shah and another, filed two suits for specific performance of agreements for sale of flats, based on letters of allotment date...

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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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Bombay High Court Quashes FIR Against College Principal in SC/ST Act Case Due to Absence of Public View. Incident in Principal's Chamber Not 'Public View' Under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989; Prosecution Found Mala Fide and Abuse of Process.

The case involved a criminal writ petition filed by Dr. Sau. Suryakanta Ramesh Ajmera, the Principal of an Arts and Commerce Women's College in Dhule,...

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Bombay High Court Dismisses Defendant's Application for Discovery and Inspection in Gas Supply Contract Dispute. No Contractual Relationship Established as GSPA Not Signed.

The plaintiff, NTPC Limited, filed a suit against Reliance Industries Limited seeking a declaration that no contract existed between them for the supp...

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...

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Bombay High Court Dismisses Third Party Claim for Attachment of Movables in Execution Proceedings — Corporate Veil Lifted as Judgment Debtor's Company Fails to Prove Ownership of Attached Goods.

The present chamber summons was taken out by Khanna Rayon Industries Private Limited seeking raising of attachment of movables lying in flat no. 22B, ...