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Supreme Court Dismisses Appellant's Appeal in Specific Performance Suit Due to Repeated Delays in Filing Written Statement. Unamended Order VIII Rule 1 CPC is Directory but Gross Negligence Justifies Striking Off Defence.

The Supreme Court dismissed the appeal filed by Desh Raj against the order of the Delhi High Court which upheld the Civil Court's decision to close hi...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Allows Interim Application in Waqf Property Dispute — Status Quo Maintained Pending Final Hearing. Court holds that interim protection is necessary to preserve the subject matter of the suit and prevent irreparable loss to the applicants.

The present matter is an interim application filed in a suit pending before the Bombay High Court. The applicants, Masjid and Madarsa Gausiya (a regis...

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Bombay High Court Dismisses Insurance Company's Petition Challenging Ombudsman Award in Favor of Widow in Housing Loan Insurance Claim. Non-Disclosure of Pre-Existing Conditions Not Material to Risk, Ombudsman's Award Upheld.

This case involves a widow, Gauri V. Raut (Respondent No. 2), whose husband, along with her father-in-law and brother-in-law, passed away within a spa...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Salary from Retired Employee's Pension. Recovery from retiral dues set aside as employee did not misrepresent and pay fixation was departmental error.

The Petitioner, Vinay Mhatre, was appointed as a Tracer in the Maharashtra Jeevan Pradhikaran (formerly Maharashtra Water Supply & Sewerage Project Bo...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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Bombay High Court Allows Writ Petition Challenging Revenue Entries in Mutation Proceedings — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Decide Based on Possession and Revenue Records, Not Title Disputes.

The petitioners, Navin Popatlal Shah and Nitin Sundraji Shah, filed a writ petition under Article 226 of the Constitution of India before the Bombay H...

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Bombay High Court Dismisses Application to Condone 1503-Day Delay in Restoration of Suit — Lack of Sufficient Cause for Inordinate Delay. Condonation of Delay Denied as Plaintiff Failed to Explain Delay of Over Four Years in Seeking Restoration of Suit Dismissed for Want of Prosecution.

The plaintiff, Metal Rolling Works Ltd., filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a 1503-day d...

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Bombay High Court Quashes FDA Orders Stopping Production of Johnson's Baby Powder Due to Violation of Natural Justice. Orders passed without providing test reports or hearing the manufacturer were set aside as arbitrary and in breach of principles of audi alteram partem.

The petitioner, Johnson & Johnson Pvt Ltd, a manufacturer of pharmaceuticals and cosmetics including 'Johnsons Baby Powder', challenged three orders p...