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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 Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Tribunal's finding of rash and negligent driving by truck driver set aside as claimants failed to prove that the accident involved the insured truck.

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Claimants failed to prove that the accident was caused by the rash and negligent driving of the truck driver under the Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...