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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Section 42 and Lack of Conscious Possession. Trial court's acquittal upheld as prosecution failed to prove that each accused had knowledge and control over ganja recovered from vehicle.

The State of Maharashtra appealed against the acquittal of six accused persons by the Additional Sessions Judge cum Special Judge for NDPS Act, Pandha...