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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Supreme Court Rules that Setting Aside Ex Parte Decree Means Fresh Decree is Decree of First Instance for Pre-emption Rights. Pre-emptor's Right Must Exist on Date of Fresh Decree Under Section 15, Punjab Pre-emption Act, 1913.

The case arose from a suit for possession based on the right of pre-emption under the Punjab Pre-emption Act, 1913. The appellant, Vijay Singh, a cosh...

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High Court of Karnataka, Kalaburagi Bench Adjudicates Regular First Appeal in Partition Suit Concerning Re-granted Walikaraki Lands Under KVOA Act. Core Issue: Junior Family Members’ Entitlement to Share in Lands Re-granted to Senior Branch After Abolition of Village Office.

The dispute pertains to a suit for partition filed by the respondents/plaintiffs against the appellants/defendants regarding agricultural lands and ho...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Directs Freeze on Mangrove Destruction in Maharashtra and Orders Comprehensive Satellite Mapping to Identify Protection Areas. High Court Recognizes Ecological Importance of Mangroves and Applies Precautionary Principle to Prevent Further Damage Pending Final Adjudication.

The Public Interest Litigation was filed by Bombay Environmental Action Group and another before the High Court of Judicature at Bombay, seeking prote...