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Bombay High Court Allows Production of Additional Documents in Civil Suit — Emphasizes Liberal Approach Under CPC Order 13 Rule 1. The Court held that mere delay or suspicion of afterthought is not sufficient to reject documents if no prejudice is caused and cross-examination is ongoing.

The petitioners, defendants in a civil suit for refund of advance of Rs.30 lakhs, filed an application during cross-examination of their witness (DW.1...

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Bombay High Court Dismisses Petition Challenging Rejection of Additional Documents in Civil Suit — Belated Filing to Fill Lacuna Not Permitted. Trial court's discretion to reject application for producing resolution and letter of authority during cross-examination upheld as no justifiable cause shown.

The petitioners, M/s. BGC International Pvt. Ltd. and Mr. Balaji Pothraj, were defendants in Special Civil Suit No. 22/2007/A filed by the respondents...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Probationer Teacher. Rule 16(2) of MEPS Rules Mandates Notice Before Concluding Voluntary Abandonment of Employment.

The petitioner, Magasvargiya Shikshan Sanstha, a school management, challenged the judgment and order dated 24.9.2015 of the School Tribunal, Aurangab...

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Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Allows Petition Challenging Discriminatory Tender Conditions in Telecom Infrastructure Bid. Eligibility criteria requiring prior experience in road development and minimum turnover of Rs. 100 crores held arbitrary and violative of Article 14.

The petitioner, High-G Transmissions Pvt. Ltd., a private limited company registered as an Infrastructure Provider under the Indian Telegraph Act, 188...