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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Alleged Offences Against Brother. Court finds no credible material to warrant transfer of investigation to Crime Branch, as police had already conducted inquiry and found no substance in allegations.

The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to a...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Allows Petition of Christian Trust Running School for Mentally Handicapped — Declares Minority Status Under Article 30(1) of Constitution. Trust Established by Roman Catholic Trustees and Administered by Catholic Priests and Nuns Qualifies as Religious Minority Educational Institution.

The petitioners, Handmaids of the Sacred Heart of Jesus Society (a trust registered under the Bombay Public Trust Act, 1950) and Dilkhush Special Scho...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...