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KAHC010872812010_1

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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Supreme Court Dismisses Appeals in Partition Dispute Over Estate of Late Col. Kultar Singh Dhillon — Territorial Jurisdiction and Preliminary Issues Not Grounds for Rejection of Plaint

The Supreme Court dismissed two civil appeals arising from a partition dispute over the estate of late Col. Kultar Singh Dhillon, who died on 6th Janu...

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Madras High Court Allows Second Appeal in Will Dispute — Life Estate Holder's Sale Deeds Declared Void. Concurrent Findings of Fact Set Aside as Perverse for Misreading Will.

The appellants, who were the plaintiffs in the suit, filed a second appeal against the concurrent judgments of the trial court and the first appellate...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...