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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

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Bombay High Court Dismisses Admiralty Suit by Consignee for Non-Delivery of Goods; Dubai Court Order Frustrated Contract of Affreightment. Non-delivery was due to a Dubai Court order attaching the cargo, which frustrated the contract of affreightment, absolving the defendants of liability.

The case involved an admiralty suit filed by Bhatinda Chemicals Ltd., the consignee, against the vessel m.v. 'X-PRESS NUPTSE' and its owners, Fintas S...

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Supreme Court Allows CBI Appeals in PC Act Cases: Consent Under Section 6 DSPE Act Not Required for Investigation of Central Government Employees; Notification Under Section 3 PC Act Not a Condition Precedent for Trial by Special Judge.

The Supreme Court of India heard two appeals filed by the Central Bureau of Investigation (CBI) against a common judgment of the High Court of Andhra ...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Mortgage Fraud Suit. Civil Court Has Jurisdiction to Entertain Suit Challenging Mortgage Deed as Fraudulent Despite Arbitration Clause in Loan Agreement.

The respondent, Smt. Suman Ikhankar, filed a civil suit (R.C.S. No. 220/2011) against the applicant, Indiabulls Housing Finance Limited, and two other...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...