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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

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Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Adultery Based on DNA Test Excluding Paternity. DNA test report conclusively proved that the husband was not the biological father of the child born to the wife, establishing adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955.

The appellant-husband Gajanan Deshpande filed a divorce petition under the Hindu Marriage Act, 1955, alleging that his wife Smita Deshpande committed ...

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Bombay High Court Allows Revision Petition by Tenants in Eviction Suit — Landlord's Bonafide Need Not Proved. Requirement of Suit Premises for Business of Son-in-law Not Established as Bonafide Need Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

This Civil Revision Application was filed by the original defendants/tenants, Smt. Gumfabai Dattalal Jaiswal and Pramod Dattalal Jaiswal, challenging ...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Gadhi and Pit — Construction of Document Exh.76 as Sale Deed Upheld. Both suits for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession.

The case involves two second appeals arising from two regular civil suits concerning a common property, a gadhi (ancestral property) and a pit, locate...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...