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Bombay High Court Dismisses Appeal by Housing Society Against Construction Company in Suit for Declaration and Injunction — Society Lacks Locus Standi as It Was Not a Party to the Development Agreement.

The appellant, M/s. Dom Francisco Flat Owners Co-op. Housing Society Ltd., filed a first appeal against the dismissal of its suit by the trial court. ...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Bombay High Court Hears Writ Petition Challenging Grant of Alewadi Port Project to Third Party Under Maharashtra Maritime Board Policies. Petitioner Alleges Arbitrary Treatment and Non-Consideration of Original Proposal Contrary to Port Policies.

The dispute concerns the development of a multipurpose port at Alewadi in Maharashtra under the state's port policies. Petitioner, a UK-based private ...

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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

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Bombay High Court Dismisses Civil Revision Application in Eviction Case — Subletting and Acquisition of Alternate Accommodation Established. Decree confirmed under Section 13(1)(e) and 13(1)(l) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicants, claiming to be tenants of the respondents, were involved in two suits: one filed by the applicants for declaration and injunction (R.A...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Addition of Petitioner as Defendant No.2 Upheld Under Order I Rule 10 CPC to Avoid Multiplicity of Proceedings and Effectuate Decree.

The petitioner, M/s Manidhari Air Products, challenged an order of the trial court allowing an application under Order I Rule 10 read with Section 151...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...