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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Allows Defendant to File Written Statement in Civil Suit Due to Inadvertence and Old Age. The court set aside the trial court's order rejecting the application to file written statement, holding that the suit should be decided on merits rather than on technicalities.

The case involves a writ petition filed by the defendant (Pundlik Laxman Kawarse and another) challenging an order dated 12.04.2005 passed by the Civi...

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Bombay High Court Dismisses Petition Challenging Revenue Tribunal's Order in Tenancy Dispute Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Application for Possession Under Section 70(b) Dismissed as Not Maintainable Due to Lack of Tenancy Relationship.

The case involves a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948. The petitioners, legal heirs of Laxman Hari Tambe, filed a writ...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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High Court of Karnataka Allows Withdrawal of Writ Petition Challenging Promotion Notification After Subsequent Recommendation for Promotion. Petitioner's case for promotion from attendant to Clerk-cum-Data Entry Operator was recommended by the Grama Panchayat, rendering the petition infructuous.

The petitioner, Sri Ashwith Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...