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Bombay High Court Examines Legality of Appellate Order Expunging Expert Evidence in Mesne Profits Suit. Order XX Rule 12 CPC and Bombay Amendment Govern Whether Past Mesne Profits Claim Required Specific Pleading and Whether Valuer's Evidence Was Relevant.

The litigation originated from T.E. & R. Suit No. 48/62 of 2009 filed by the petitioners (plaintiffs) against respondent No.1 and others seeking vacan...

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High Court of Karnataka Considers Revision Petition Against Order for Educational Expenses Under DV Act. Daughter's Post-Graduation Fees Claim Under Section 20(d) of Protection of Women from Domestic Violence Act, 2005.

The matter arose from a criminal revision petition filed by the father against the order of the Additional District and Sessions Judge, Mangalore, con...

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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Bombay High Court Examines Assessee's Challenge to Annual Value Determination in Income from House Property Appeals. Issue Involves Permissibility of Exceeding Municipal Rateable Value and Considering Notional Interest on Security Deposit Under Sections 22 and 23 of Income Tax Act, 1960.

The dispute arose from income tax appeals filed by Tivoli Investment & Trading Co. Pvt. Ltd. against orders of the Income Tax Appellate Tribunal for A...

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Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...