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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 256 CrPC for Non-Appearance on Two Dates. The Court Held That Absence on Two Dates Does Not Constitute Persistent Absence and Set Aside the Dismissal Order, Restoring the Complaint.

The applicant, Shineshilpi Jewellers Pvt. Ltd., filed a criminal complaint against Vimal Prakash Jain and the State of Maharashtra. The Metropolitan M...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Plaintiff's Interim Application in Copyright Suit Over Film 'Adipurush' — Credit Already Granted in Character Assets. Court holds that once credit is given, the grievance is addressed and no interim relief is necessary.

The plaintiff, Trishul Media Entertainment, filed a Commercial IPR Suit and Interim Application seeking ad-interim relief including credit in the film...

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Bombay High Court Dismisses Second Appeal by Adjacent Landowner in RERA Case — Locus Standi of Non-Allottee Denied. Project Completed Prior to RERA Act Not Required to Be Registered Under Section 3 of Real Estate (Regulation and Development) Act, 2016.

The appellant, Dr. Yogesh Keshav Bele, owned land adjacent to a project called 'Blue Heaven' developed by Respondent No. 3. He was not an allottee in ...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance.

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condi...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Independent Application of Mind. Reassessment Based on Borrowed Satisfaction and Non-Speaking Order on Objections Violates Principles of Natural Justice.

The petitioner, Arvind Sahdeo Gupta, challenged a notice dated 24/3/2020 issued under Section 148 of the Income Tax Act, 1961 by the Income Tax Office...