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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Allows Quashing of Criminal Proceedings in Multiple Matrimonial Dispute Cases Based on Compromise. Inherent Powers Under Section 482 CrPC Used to Quash Non-Compoundable Offences Where Settlement is Genuine and Voluntary.

The judgment involves four separate criminal applications and two writ petitions filed before the Bombay High Court, Nagpur Bench, seeking quashing of...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute — MRT Order Set Aside for Violation of Natural Justice. Restoration of Possession Cannot Be Ordered Without Hearing the Landlord Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, Kacharu B. Ambekar and others, are the successors-in-interest of the original landlord of agricultural lands bearing Gat No.333 (47 A...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Challenge to Arbitral Award in Advertising Contract Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails. Court Held That Arbitrator's Findings on Breach and Quantum Were Not Patently Illegal or Against Public Policy.

The petitioner, M/s Maneesh Pharmaceuticals Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ar...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...