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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

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Supreme Court Allows Appeal in Consumer Dispute Over Housing Loan Disbursement — No Privity of Contract Between Complainant and Bank. Complainant Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as No Service Was Hired or Availed from the Appellant Bank.

The present appeal arises from a consumer complaint filed by the respondent (original complainant) against the appellant bank before the National Cons...

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Bombay High Court Dismisses Bank's Petition in Guarantee Dispute Due to Lack of Privity of Contract. Guarantee Agreement Held Unenforceable as Principal Debtor Was Not a Party to the Contract Under Indian Contract Act, 1872.

The petitioner, Dena Bank, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal (DRAT) dated 27.10.2015, which dismiss...

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Bombay High Court Upholds Penalty Under Section 271(1)(c) for Concealment of Income in Land Sale Transaction. Assessee failed to disclose receipt of advance sale consideration in return, leading to penalty for concealment.

The appellant-assessee, along with four others, executed an agreement for sale of a plot of land at Vasai on 07.12.2004 for a total consideration of R...

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Supreme Court Dismisses Consumer Complaint Against Builder for Refund of Consideration Due to Premature Filing and Lack of Deficiency Proof. Complaint Filed Before Expiry of Contractual Grace Period Under Allotment Terms, and Appellants Failed to Establish Incomplete Work or Delay in Possession Offer.

The dispute arose from a consumer complaint filed by the appellants against the respondent-company, a builder, alleging deficiency in service due to d...

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Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...