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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed.

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challengi...

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Bombay High Court Sets Aside Ex Parte Divorce Decree for Lack of Proper Service of Summons in Hindu Marriage Act Case. Service of summons must be at correct address and refusal must be properly proved; ex parte decree without proper service is a nullity.

The appellant, Deepali Pratap Sonawane, the wife, challenged the judgment and decree dated 10th February 2012 passed by the Family Court, Aurangabad i...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Quashes Summons Issued Under Section 160 CrPC for Production of Documents Beyond Territorial Jurisdiction. Investigating Agency Cannot Summon Person Residing Outside Police Station Limits for Document Production Under Section 160 CrPC; Proper Remedy Lies Under Section 91 CrPC.

The petitioner, Shri Anirudha S. Bhagat, a resident of Mumbai, challenged summonses issued by the Investigating Agency in Daman under Section 160 of t...