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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

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Madras High Court Dismisses Writ Petition Challenging Society Meeting Notice for Lack of Maintainability. Internal Disputes of Registered Societies Not Amenable to Writ Jurisdiction Under Article 226 of the Constitution of India.

The petitioner, Mathew Jebasingh, the Secretary of Mukuperi Pragasapuram India Ega Retchagar Sabai (a society registered in 1956), filed a writ petiti...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Supreme Court Upholds High Court's Power to Transfer District Judges from Administrative Posts to Judicial Duties. Order Under Article 235 of Constitution Held Valid After Ranga Mohammad's Case, Allowing Recall of Judicial Officers to Regular Line.

The dispute arose from the High Court of Orissa's order recalling three judicial officers from administrative posts to regular judicial duties. The Or...