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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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Bombay High Court Dismisses Petition Challenging Recall of Fair Price Shop License Transfer. Transfer via Partnership Deed Held to be Indirect Method to Circumvent Government Policy Prohibiting Transfer on Will Deed.

The case pertains to a Fair Price Shop License (FPSL) originally held by Respondent No.5, Smt. Indubai Shankar Bhurewar. The Petitioner, Gulabsingh Go...

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Bombay High Court Dismisses Petition Challenging Recall of Fair Price Shop License Transfer. Transfer of License Through Partnership Deed While Licensee Alive Held Indirect and Prohibited Under Government Policy.

The petitioner, Gulabsingh Gopichand Chavan, filed a writ petition challenging an order passed by the Minister for Food, Civil Supplies and Consumer P...

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High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...