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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appel...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...

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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Dismisses Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Bona Fide Need for Own Use and Acquiesced to Requisition for Over Two Decades.

The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3...