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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Disposes of Batch of Writ Petitions Regarding Encroachments and Treats One as PIL to Monitor Supreme Court Directions. The Court Issued Rule and Heard Matters Finally, but the Complete Order and Findings Were Not Available in the Judgment Excerpt.

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of writ petitions filed by various religious trusts and societies against the Stat...

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Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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High Court of Gujarat Hears Appeal Against Dismissal of Suit for Injunction Under Section 96 CPC; Appeal Filed by Purchaser Under Agreement to Sell. Trial Court Had Dismissed Suit for Lack of Title and Non-Joinder of Parties Despite Long Possession Claim.

The dispute concerned a suit property being Final Plot No.129 of Town Planning Scheme No.22, Paldi, Ahmedabad, admeasuring 1204 square yards after exc...

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Bombay High Court Hears Public Interest Litigation Challenging Pune Municipal Corporation's Road Through Afforested Hills Under MRTP Act and Environmental Law.

The Public Interest Litigation arose from a challenge by Nagrik Chetna Manch, a public charitable trust, against the Pune Municipal Corporation’s de...

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High Court of Bombay Reconsiders Refusal to Grant Letters of Administration in Mother's Will Dispute. Single Judge Found Suspicious Circumstances; Division Bench Earlier Allowed Appeal but Supreme Court Remanded for Fresh Adjudication.

This matter involves a testamentary suit where the appellant, Myra Philomena Collaco, sought Letters of Administration with the Will dated 7 July 1982...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...