Search Results for "CPC"

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"Bombay High Court Denies Plaintiff’s Declaratory Suit, Upholds Specific Relief Act and CPC Provisions" "Plaintiff’s attempt to reclaim tenancy rights circumventing procedural bars dismissed under Order 7 Rule 11."

The High Court of Bombay, in Civil Revision Application No. 454 of 2024, upheld the dismissal of a suit filed by M/s. Chudiwala Company for seeking t...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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"Bombay High Court: Landmark Eviction Judgment Confirms Default in Rent Payment but Denies Claims of Subletting." "Court upholds eviction decree on rent default but dismisses landlord’s subletting claims."

Acts and Sections Discussed: Maharashtra Rent Control Act, 1999 (MRC Act) - Specifically, Sections 15(2) and 15(3), dealing with the eviction of te...

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Dismissal of Election Petition for Non-Disclosure of Cause of Action. Election Petition Challenging Nomination Papers Dismissed for Lack of Material Facts and Non-Compliance with the Representation of People Act.

The High Court of Judicature at Bombay, Justice Sharmila U. Deshmukh dismissed an Election Petition questioning the election of Anil Yeshwant Desai, a...

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"High Court Decrees Specific Performance; Doctrine of Lis Pendens Applied to Override Subsequent Sale" "Litigation pendente lite affects all subsequent alienations, regardless of notice to the purchaser."

The appeal was dismissed, affirming the High Court’s decision that allowed the specific performance of a sale agreement. The High Court applied the ...

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"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...

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"High Court Dismisses State's Review Petition for Delay and Lack of Merit" "The Bombay High Court emphasizes that state entities must adhere to timelines and procedural diligence, highlighting the limitations of administrative delay as an excuse."

The Bombay High Court dismissed a review petition filed by the State of Maharashtra and other authorities challenging a previous decision from Novembe...

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High Court Quashes Amendment to Plaint After Trial Commencement for Lack of Due Diligence. Amendment sought after trial starts dismissed; plaintiff failed to show due diligence under Order 6, Rule 17, CPC.

The court examined whether an amendment to the plaint should be allowed after the commencement of the trial. The plaintiff, an illiterate woman, sough...

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High Court Quashes Permission for Additional Evidence Post-Final Hearing in Partition Suit. Legal representatives cannot introduce new evidence at the final stage without disclosing critical facts or a valid reason under Order XXII of the CPC.

The Bombay High Court (Nagpur Bench) overturned a trial court's decision allowing legal representatives of a deceased defendant to adduce additional e...

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High Court Overturns Eviction Decree on Grounds of Bona Fide Requirement. The Bombay High Court rules in favor of tenant after landlord's claim of bona fide requirement for eviction fails.

The Bombay High Court set aside an eviction decree based on the landlord's bona fide requirement claim. The applicant (tenant) challenged both the Tri...