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High Court of Bombay at Goa Dismisses Revision Applications Against Rejection of Plaint Dismissal in Money Suit. Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order date...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation.

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...

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Madras High Court Dismisses Appeal by Plaintiff in Suit for Recovery of Money Due to Lack of Sufficient Evidence. Partnership Firm's Claim for Fabric Supplies Fails as Plaintiff Could Not Prove Exact Amount Due.

Textile Connection, a partnership firm, filed C.S.No.29 of 2000 seeking a decree for Rs.39,67,144 with interest at 24% per annum from the defendants, ...

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Bombay High Court Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...