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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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Bombay High Court Dismisses Writ Petition Challenging Electricity Theft Assessment and Appellate Order — Petitioner Failed to Deposit 50% of Assessed Amount as Required Under Section 127 of the Electricity Act, 2003.

The petitioner, Rakhee Gupta, is the owner of a flat in Mumbai. She entered into a Leave and License Agreement with M/s. Laurent & Benon Management Co...

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Bombay High Court Dismisses Writ Petition Challenging Electricity Theft Assessment and Appellate Order — Petitioner Failed to Deposit 50% of Assessed Amount as Required Under Section 127 of the Indian Electricity Act, 2003.

The petitioner, Rakhee Gupta, owner of a flat in Mumbai, challenged an order dated 18/01/2016 passed by the Appellate Authority (Superintendent Engine...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...