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Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

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Bombay High Court Allows Amendment of Plaint in Suit for Cancellation of Sale Deed — Pre-trial Amendment Must Be Liberally Allowed to Avoid Multiplicity of Proceedings. Order VI Rule 17 CPC permits amendment at any stage before trial to determine real questions in controversy between parties.

The petitioners, original plaintiffs, filed Special Civil Suit No. 1210/2017 in 2017 seeking cancellation of a Sale Deed dated 13.11.2016 in respect o...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention set aside as the Detaining Authority failed to consider that the petitioner was already in judicial custody and no credible material showed likelihood of release on bail.

The petitioner, Daksh Juber Ghelani, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootle...

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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...

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Supreme Court Allows Recall of Witness in Criminal Trial for Further Examination — Right to Fair Trial Includes Opportunity to Re-examine Witness on New Evidence. The Court held that rejection of recall prayer after CFSL report became available was a denial of fair trial under Section 311 CrPC.

The appellant, Satbir Singh, filed a criminal appeal against the order of the High Court of Punjab & Haryana dated 14.12.2021, which rejected his pray...

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...