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Bombay High Court Dismisses Petitioner's Challenge to Bank Auction — Bid Below Reserve Price and Without Earnest Money Rejected. Auction Sale Confirmed in Favor of Highest Bidder Despite Petitioner's Claim of Irregularity.

The Petitioner, Goldie Sud, filed a writ petition under Article 226 of the Constitution of India challenging the public auction conducted by Punjab Na...

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Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Court Held That Stopping Payment of Cheque Issued as Security for Loan Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two appeals filed by the complainant, M/s. Biharilal Ramnarayan Mantri (HUF), against the acquittal of the accused, Shri Anil Narott...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

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Bombay High Court Partially Allows Challenges to Arbitral Award in Development Agreement Dispute. Court upholds award on termination and damages but modifies interest rate and clarifies that the builder is entitled to retain constructed area as per agreement.

The case involves two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award ...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...