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Bombay High Court Dismisses Writ Petition Challenging Rejection of Stay in Civil Suit for Declaration and Injunction. Appellate Court's Discretionary Order Refusing Stay Pending Appeal Not Interfered With Under Articles 226 and 227 of the Constitution of India.

The petitioners, Tarachand and Kiran Shinde, filed a Regular Civil Suit No. 12/1997 for declaration and permanent injunction in respect of an open plo...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Appeal Pending Application to Set Aside Ex-Parte Decree. Explanation to Order 9 Rule 13 CPC Does Not Confer Automatic Right to Stay; Conduct of Defendants Justified Refusal.

The petitioners, original defendants in a suit for specific performance of contract, challenged an order of the Principal District and Sessions Judge,...

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Supreme Court Disposes of Appeal in Compassionate Appointment Case, Remands to High Court for Merits Hearing. The Court declined to decide on merits, continuing interim stay and directing High Court to expeditiously hear writ appeal under Industrial Disputes Act, 1947 and National Coal Wage Agreement.

The appeal before the Supreme Court concerned a dispute over compassionate appointment under the National Coal Wage Agreement (NCWA), a settlement und...

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High Court of Bombay Holds Second Appeal by Pendente Lite Purchasers Maintainable. Purchasers Entitled to Appeal Against Appellate Decree Favoring Defendants Under Order XXII Rule 10 CPC.

The dispute concerned title and possession of a suit house. The original plaintiff, Sonuji Maharuji Raut, filed Regular Civil Suit No. 295 of 1982 aga...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Dismisses Application Under Section 24 CPC Seeking Transfer of Appeal as Abuse of Process — Costs Imposed. Transfer Sought on Allegations of Bias to Delay Proceedings in Pending Rent Appeal, Court Holds That Unfounded Allegations Cannot Ground Transfer.

The matter arose from an eviction decree passed on 21.10.2005 in TE & R Suit No.253/274 of 2003 by the Small Causes Court at Bombay. The appellant No....

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...