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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Bombay High Court Allows Quashing of FIR in Land Dispute Case Due to Civil Nature of Dispute. Criminal Proceedings Under Sections 406, 420, 467, 471, 447 r/w 34 IPC Quashed as Abuse of Process of Law.

The applicant, Vasudeo Chatumal Jhamnani, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 4...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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Bombay High Court Dismisses Petition Challenging Reference Under Section 10(1) of Industrial Disputes Act at Instance of Unrecognized Union. Contract Labour Workmen Can Raise Industrial Dispute Through Any Union, Recognized or Not, Under Section 10(1) of Industrial Disputes Act, 1947.

The petitioner, Bharat Forge Limited, a company engaged in manufacturing forgings, challenged the validity of a reference made by the Additional Commi...