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Bombay High Court Dismisses Suit for Want of Authority in Defamation Action by Company. Plaintiff No.2 lacked valid board resolution with mandatory consent of V-C Investor under Articles of Association to institute suit on behalf of Plaintiff No.1.

The suit was a defamation action filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director (Plaintiff No.2) against Azim Pre...

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High Court of Karnataka Dismisses Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioners Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioners, legal representatives of the deceased original plaintiff Siddappa, filed a writ petition under Article 227 of the Constitution of Ind...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Bonafide Requirement of Landlord Not Established. Landlord's claim for additional space for business expansion fails as it already had sufficient alternate accommodation and the need was not genuine.

The case involves a civil revision application filed by the tenant (M/s. Parmar Plastic Products & Ors.) against the judgment and order of the Appella...

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Bombay High Court on Restrictive Covenants in Redevelopment

The Bombay High Court considered three interim applications arising from a suit between two cooperative housing societies concerni...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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High Court of Bombay Disposes Cross Appeals from Trial Court's Injunction Order in Suit for Demolition and CRZ Declaration; Construction in CRZ Not Entitled to Completion Certificate Though Demolition Restrained When Built Per Sanctioned Plan.

The dispute arose from a notice dated 7th February 1998 issued by the Municipal Corporation of Greater Bombay under Section 354A of the Mumbai Municip...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...