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Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground.

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1...

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WRIT PETITION NO.3508 OF 2024

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allo...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...