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Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff Failed to Prove Prior Possession Within Six Months. The court held that the plaintiff did not establish possession within the statutory period, and the decree for possession was set aside.

The case involves a civil revision application filed by the defendants (petitioners) against a decree passed by the 7th Joint Civil Judge, Jr. Divisio...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Suit Challenging Consent Decree. Amendment Allowed as Suit Was at Stage of Framing Issues and No Prejudice Caused to Plaintiffs.

The petitioners, Salma Asgarali Makati and others, filed a Writ Petition under Article 227 of the Constitution challenging an order dated 22-10-2012 p...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Allows Withdrawal of Suit Against Defendant No.2 and Acceptance of Consent Terms in Matrimonial Property Dispute Under Article 227 of the Constitution of India. Plaintiff's Unconditional Right to Withdraw Suit Under Order 23 Rule 1 CPC Upheld.

The petitioner, Naseem Riyaz Khalifa, filed a suit for declaration and perpetual injunction against his wife (Respondent No.1) and her power of attorn...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...