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Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award.

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 ...