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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Upholds MHADA's Order for Repairs and Redevelopment of Cessed Building Under Section 95A of MHADA Act. Court Directs Tenants to Pay Increased Rent and Vacate for Redevelopment, Rejecting Challenge to Executive Engineer's Order.

The appellants, eight tenants of a cessed building in Chittaranjan Nagar, Ghatkopar, Mumbai, filed a writ petition challenging an order dated 24 April...

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Bombay High Court Dismisses Petition Challenging Order to Produce Original Document in Suit for Specific Performance — Court Holds That Production of Original Agreement Is Necessary for Adjudication of Rights Under Section 16(c) of the Specific Relief Act, 1963.

The petitioners, legal heirs of the original defendant Sharad, challenged an order dated 20/2/2012 passed by the 3rd Joint Civil Judge, Senior Divisio...

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Bombay High Court Dismisses Petition Challenging Magistrate's Order Allowing Additional Evidence in Cheque Dishonour Case. Opportunity for Cross-Examination Preserved, No Prejudice to Accused Under Section 138 Negotiable Instruments Act, 1881.

The petitioner, Karim Hasan Patel, was the accused in a complaint filed by respondent No. 2, Nasir Haji Mohammad Shaikh, under Section 138 of the Nego...

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Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...