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Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

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Bombay High Court Dismisses Second Appeal in Suit Rejection Case — Conditional Withdrawal Without Payment of Costs Bars Fresh Suit. Order VII Rule 11(d) CPC applied to reject plaint where earlier suits were withdrawn with permission to file fresh suit but costs condition was not fulfilled.

The appellants, original plaintiffs, filed Special Civil Suit No.30 of 2007 seeking declaration that a sale deed was illegal, null and void. The respo...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Supreme Court Hears Appeal Against High Court's Dismissal of Writ Petition Challenging Departmental Action in Jail Break Case. Case Involves Escape of Four Under-Trials from Burail Jail Through a 94-Foot Tunnel, Leading to FIR and Enquiry Committee Report.

The case concerns the escape of four under-trial prisoners from Model Jail, Burail, Chandigarh, on the night of 21-22 January 2004. The prisoners esca...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Bonafide Requirement of Landlord Not Established. Landlord's claim for additional space for business expansion fails as it already had sufficient alternate accommodation and the need was not genuine.

The case involves a civil revision application filed by the tenant (M/s. Parmar Plastic Products & Ors.) against the judgment and order of the Appella...

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High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim exclusive possession of joint family property without partition and that a suit for possession without seeking partition is not maintainable.

The case involves two second appeals arising from a civil suit for possession filed by the original plaintiffs (now appellants) against the defendants...

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Madras High Court Dismisses Second Appeal in Partition Suit — Settlement Deed by Father Not Invalid as Properties Were Self-Acquired, Not Ancestral. Plaintiff Failed to Prove Ancestral Nature of Suit Properties Under Hindu Succession Act, 1956.

The appellant/plaintiff filed a suit for partition and permanent injunction claiming that the suit properties were ancestral properties of Arunachala ...