Search Results for "1982"

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Considers Sales Tax References on Set-Off under Rule 41D. Court Interprets Whether Full Set-Off Applies to Furnace Oil Used in Manufacture of Goods Sold Locally and Transferred to Branches Outside State Under Bombay Sales Tax Rules, 1959.

The High Court of Judicature at Bombay was seized of two Sales Tax References arising from a common order of the Maharashtra Sales Tax Tribunal. Both ...

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High Court of Judicature at Bombay Adjudicates Letter of Credit Dispute in Common Judgment for Two Suits Arising from Alleged Discrepant Documents. Bank's Liability for Wrongful Debit Examined Under UCP 290 with Emphasis on Strict Compliance and Discrepancy in Shipping Documents.

Two suits were filed arising from a documentary import Letter of Credit facility granted by State Bank of India to Dadlani Silk Stores. Suit No. 1012 ...

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High Court of Bombay Dismisses Criminal Appeal Challenging Conviction Under NDPS Act for Possession of Mandrax Tablets Upholding Admissibility of Chemical Analyser's Report Under S.293 CrPC. Non-examination of Chemical Analyst Not Fatal Owing to S.36-C NDPS Act Incorporating CrPC Provisions.

The appellant was convicted by the Special Court under NDPS Act for possession of mandrax tablets (methaqualone), totaling 103 kg, found on two occasi...

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Bombay High Court Dismisses Specific Performance Claim in Furnace Oil Supply Renewal Dispute. Plaintiff Voluntarily Gave Up Relief as Renewed Contract Period Had Already Expired, Leaving Damages Claim for Adjudication.

The suit was instituted by Saurashtra Chemicals Ltd, a chemical manufacturer, against Indian Oil Corporation Ltd, a government undertaking, arising fr...

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Bombay High Court Examines Detention Order Under MPDA Act, 1981; Representations and Delay Issues Considered. Court Finds No Merit in Allegation of Non-Forwarding of Representation as Detenu's Son Voluntarily Took Back Copies, While Delay Explanation Was Noted.

The petitioner-detenu challenged his detention order dated 22.06.2005 passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bo...