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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Supreme Court Allows Appeal in U.P. Gangsters Act Case — Quashes FIR for Lack of Anti-Social Activity. Property Disputes of Civil Nature Cannot Be Basis for Prosecution Under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986.

The Supreme Court allowed the appeal filed by Jay Kishan and others against the State of Uttar Pradesh and others, challenging the dismissal of their ...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Bombay High Court Dismisses Petition Challenging No Objection Certificate for Society Redevelopment. Circular dated 3rd January 2009 under Section 79A of Maharashtra Co-operative Societies Act, 1960 held not mandatory but directory.

The Petitioner, a member of Navbharatiya Bhavan (1) Co-op. Hsg. Soc. Ltd., challenged the order dated 1st November 2014 granting a No Objection Certif...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...