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Bombay High Court Allows Appeal in Defamation Suit, Directs Trial Court to Accept Written Statement Despite Delay. Sibling Dispute Over Property and Defamation Leads to Procedural Challenge Under Order VIII Rule 1 CPC.

The present appeal arises from an order of the Trial Court refusing to take the written statement of the original defendant (the appellant) on the gro...

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Bombay High Court Hears Writ Petition Challenging Order in Execution of Specific Performance Decree Pending Since 1978. Court Issues Rule and, with Consent, Takes Up Matter for Final Hearing at Admission Stage.

The writ petition arose from execution proceedings in a specific performance suit that was decreed in 1977 and confirmed in 1982. The respondent (decr...

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Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...

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Bombay High Court Dismisses Writ Petition Challenging Agricultural Land Tribunal Order in Tenancy Dispute. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948; Sale Deed Held Invalid as Tenant Was in Possession.

The petitioners, legal representatives of Maharudrappa Baslingappa Swami, filed a writ petition challenging the orders of the Agricultural Land Tribun...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court Allows Appeal Declaring Marriage Null and Void Due to Lack of Consent and Fraudulent Registration. The court held that the appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent, rendering the marriage void ab initio.

The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the responden...

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Bombay High Court Allows Landlord's Petition, Upholds Ex Parte Eviction Decree Against Tenant for Subletting. Tenant's Delay in Seeking to Set Aside Decree Not Condoned as Reliance on Advocate's Assurance Without Follow-Up Does Not Constitute Sufficient Cause Under Article 123 of Limitation Act, 1963.

The petitioner, Smt. Taramati Bhagwandas Vithlani, is the owner of a chawl in Kurla, Mumbai. The first respondent was a tenant in Room No.238. The pet...