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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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Bombay High Court Allows Second Appeal in Property Dispute Over Will Validity — Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title by Succession and That Will Executed in Favour of Defendant's Predecessor Was Genuine.

The case involves a second appeal arising from a property dispute concerning three agricultural lands (Gat Nos. 57, 58 and 59) situated at village Mur...

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High Court Allows Appeal by Appellant Against Respondent in Money Claim Suit, Reverses Trial Court's Dismissal on Ownership Grounds Under Major Port Trusts Act, 1963

Appellant, a U.K.-based company, appealed against the Bombay City Civil Court's order dismissing its suit for money claim regarding goods sold by auct...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Dismisses Tenant's Revision Against Concurrent Eviction Decrees for Rent Default and Denial of Title Under Maharashtra Rent Control Act, 1999. Tenant's Irregular Rent Payments and Denial of Landlord's Title Justify Eviction Despite Absence of Formal Demand Notice.

The case involves a civil revision application filed by the tenant (Dilip Jasaramji Mali) challenging the concurrent eviction decrees passed by the Sm...

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Bombay High Court Dismisses Petition Challenging Exclusion of Counterclaim in Specific Performance Suit. Counterclaim Based on Void Minor's Agreement and Barred by Limitation Under Order VIII Rule 6-A CPC.

The petitioner, Abhishek Boke, original defendant No.1, challenged the order of the trial court dated 24.6.2016 allowing the application (Exh. No.86) ...

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Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....