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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

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KAHC010122492015_1

The writ appeal arises from an order dated 29.09.2015 passed by a Single Judge in W.P.No.42727/2013 (SC/ST) which dismissed the writ petition challeng...

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Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...

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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...

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Bombay High Court Dismisses Appeal Against Demolition of Unauthorized Structure Under Section 351 of Mumbai Municipal Corporation Act, 1888. Affidavit-in-Reply to Notice of Motion Cannot Be Treated as Written Statement.

The appellant, M/s. B. Jayantilal, a partnership firm, filed a suit challenging a notice issued by the Municipal Corporation of Greater Bombay under S...

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Bombay High Court Upholds Petitioner Company in Reduction of Share Capital Case Under Sections 100-104 of Companies Act, 1956. Court-Ordered Valuation Found Plausible; Minority Objectors Failed to Prove Unfairness.

Cadbury India Limited filed a petition under Sections 100 to 104 of the Companies Act, 1956, seeking sanction of a special resolution for reduction of...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...