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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Cooperative Election Due to Lack of Locus Standi. Petitioner, a Non-Member of the Federation and Its Member Societies, Cannot Challenge Election of Directors Under Goa Cooperative Societies Act, 2001.

The petitioner, Madhav Atmaram Sahakari, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, ...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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Supreme Court Dismisses Review Petitions in Interest on Delayed Payments Case — Limitation Bar Upheld. Payment under Section 19 of Limitation Act, 1963 requires pleading and proof; Section 14 exclusion not available for different entity.

The Supreme Court dismissed three review petitions filed against its common judgment dated 23.01.2019, which had dismissed civil appeals by M/s Shanti...

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Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

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Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...