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Bombay High Court Dismisses Revision Applications Against Rejection of Order 7 Rule 11 CPC Plea in Suit for Recovery and Declaration. Plaint Discloses Cause of Action and is Not Barred by Limitation or Res Judicata Under Order 7 Rule 11 of Code of Civil Procedure, 1908.

The judgment arises from two Civil Revision Applications filed against orders passed by the trial court rejecting applications under Order 7 Rule 11 o...

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Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Transfer of Shares as Gift During Internal Restructuring Not Constituting Income Escape Assessment When Full Disclosure Made During Scrutiny.

The petitioner, Asian Satellite Broadcast Pvt. Ltd., a private limited company engaged in trading, investment, and finance, filed its return of income...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Valid, License Revocable Under Section 62 of Easements Act, 1882. Appellate Court Exceeded Jurisdiction by Reversing Declaration of Ownership Without Cross-Appeal.

The appellant, Tulshidas Lokhande, filed a suit for declaration of ownership and possession of Plot No. 273 against the respondent, Madhukar Lokhande,...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Possession Suit — Alternate Plea of Revocable License Allowed Under Order VI Rule 17 CPC. Amendment Permitted Despite Proviso as Trial Had Not Commenced and No Prejudice Caused.

The petitioner, Garware-Wall Ropes Ltd., the original defendant, challenged an order dated 13/01/2011 passed by the trial court allowing the responden...