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APPEAL NO. 313 OF 2015

These appeals arose from a common judgment and order dated 31st March 2015 passed by a Single Judge of the Bombay High Court in two proceedings: Suit ...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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High Court of Karnataka Dismisses Tenant's Second Appeal in Eviction Suit — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. Section 100 CPC Appeal Fails as No Substantial Question of Law Arises.

The appellant, Abdul Hamed, was the first defendant in Original Suit No. 144/2008 filed by the respondents (plaintiffs) before the Principal Civil Jud...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Quashes Notification Extending Administrator's Term for Municipal Council — Election Must Be Held Within Three Months. Failure to Conduct Elections Within Stipulated Period Violates Section 47 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioners, residents of Satara Deolai Municipal Council area, challenged a notification dated 30th June 2015 issued by the State Government exte...

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Bombay High Court Allows Developer's Challenge to RTI Disclosure Order — Building Plans Held Exempt as Personal Information Under Section 8(1)(j) of RTI Act. Third Party Proprietary Plans Not Subject to Disclosure Absent Larger Public Interest.

The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commi...