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Gujarat High Court Allows Amendment Application in Specific Performance Suit — Trial Court's Rejection Set Aside. Amendment to Incorporate Subsequent Events and Additional Reliefs Does Not Change Nature of Suit Under Order VI Rule 17 CPC.

The petitioner, M/s Uday Autolink Pvt. Ltd., was the original plaintiff in Special Civil Suit No. 240/2016 pending before the Second Additional Senior...

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Bombay High Court Allows Defendant to File Written Statement Despite Delay Due to Illness. Liberal Approach Adopted Under Order 8 Rule 1 CPC to Ensure Substantial Justice.

The petitioner, Smt. Asha Hedaoo, was the defendant in Regular Civil Suit No.122 of 2013 pending before the Seventh Joint Civil Judge Junior Division,...

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Bombay High Court Allows Appeal in Share Transaction Dispute, Directs Status Quo on Property Pending Suit. Mortgage Deeds and Admitted Defaults Establish Prima Facie Case for Interim Injunction Under Civil Procedure Code.

The appellant, Vidyut Corporation, filed a suit for recovery of Rs.2,75,27,228 against the respondents based on share market and security transactions...

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Bombay High Court Allows Delayed Filing of Written Statement in Civil Suit for Damages — Order VIII Rule 1 CPC Held Directory. The court set aside the trial court's refusal to accept the written statement, holding that the provision is directory and the delay was satisfactorily explained.

The petitioner, Ravindralal Biharilal Srivastava, was the defendant No.1 in Special Civil Suit No.1056/2010 filed by respondent No.1, Vimalkumar Santl...

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Bombay High Court Dismisses Petition Challenging Order to Produce Original Document in Suit for Specific Performance — Court Holds That Production of Original Agreement Is Necessary for Adjudication of Rights Under Section 16(c) of the Specific Relief Act, 1963.

The petitioners, legal heirs of the original defendant Sharad, challenged an order dated 20/2/2012 passed by the 3rd Joint Civil Judge, Senior Divisio...

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Bombay High Court Dismisses Appeal by Cricket Association Against Injunction Restraining Expulsion of Member. Expulsion Decision Violated Natural Justice as No Opportunity of Hearing Was Given Before Imposing Five-Year Ban.

The case involves an appeal by the Mumbai Cricket Association (MCA) against an order dated 7 September 2013 passed by the City Civil Court, Greater Mu...

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Bombay High Court Dismisses Petition Challenging Impleadment of Co-Legal Heirs as Co-Plaintiffs in Eviction Suit. Order 1 Rule 10 CPC Allows Necessary Parties to Join to Avoid Multiplicity of Proceedings, Even in Presence of Conflict of Interest.

The case arises from an eviction suit filed by Maude D'Penha (the original landlady) through her son and General Power of Attorney, Loy Kenneth D'penh...

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Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...