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Bombay High Court Adjudicates Appeal Under Section 14 of Admiralty Act Against Single Judge Order Dismissing Defendant's Notice of Motion. The dispute concerned breach of a bareboat charterparty and a subsequent time charterparty regarding a vessel.

The original plaintiff, Siem Offshore Rederi AS, a Norwegian company, filed Admiralty Suit (L) No. 20 of 2018 before the Bombay High Court against the...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Dismisses Appeal Against Deposit Condition in Commercial Suit — Upholds Order Requiring Defendant to Deposit Rs.1.5 Crore for Reconsideration of Earlier Condition. Court Held That Imposition of Deposit Condition Was Not Arbitrary and Defendant Failed to Show Any Change in Circumstances.

The appellant, Sunil B. Bhosale, was the original defendant in Suit No.4351 of 1996 filed by the respondent, Kamal Organic Chemicals, a division of Ki...

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Bombay High Court Considers Interim Relief in Redevelopment Contract Dispute. Non-Cooperating Members of Cooperative Housing Society Face Motion for Injunction and Mandatory Orders.

The plaintiff, a developer, filed suit for specific performance of a redevelopment contract against a cooperative housing society and some of its non-...