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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Revision Against Rejection of Amendment Application in Partition Suit — Amendment Sought to Add Plea of Alienation After Discovery of Sale by Co-defendants. Pre-trial amendment under Order VI Rule 17 CPC must be liberally allowed to determine real controversy.

The petitioners, five plaintiffs, filed a suit for partition and 1/7th share in the suit property. After the defendants appeared, the plaintiffs disco...

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Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Upholds Labour Court Order Declaring Transfer of Employees as Illegal Change Under Bombay Industrial Relations Act. Transfer from Polyester Department to Spurn Yarn Department Without Notice of Change Violates Section 42 Read with Schedule II Items 1,2,4,5 of BIR Act.

The petitioner, Indorama Synthetics (I) Ltd., filed a writ petition challenging the judgment and order dated 5 December 2006 passed by the Labour Cour...