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specific performance
Posted inNews

Bombay High Court refuses to reject 28-year-old specific performance suit at threshold—“Limitation and fraud are mixed questions”; Order VII Rule 11(d) plea dismissed

1. Court’s decision The Bombay High Court (Nagpur Bench) dismissed a Civil Revision Application filed under Section 115 of the Code of Civil Procedure challenging the trial court’s refusal to…
Posted by Rawlaw February 13, 2026
NO COMPENSATION
Posted inNews

Bombay High Court rejects suit for recovery of compensation against former trustee — ‘Consent under Sections 50 & 51 of MPT Act mandatory; Plaintiff’s own pleadings defeat trespass theory’

1. Court’s decision The Bombay High Court allowed the defendant’s application under Order VII Rule 11(d) of the Code of Civil Procedure and rejected the plaint filed by a public…
Posted by Rawlaw December 7, 2025
no breach
Posted inNews

Kerala High Court Dismisses Timber Merchant’s Appeal: “Breach of Contract Ceases When Agreement Expires—Suit Filed After Three Years Barred by Limitation”

Court’s Decision The Kerala High Court, comprising Justice Sathish Ninan and Justice P. Krishna Kumar, dismissed a timber merchant’s appeal seeking damages for alleged breach of contract against property owners…
Posted by Rawlaw October 29, 2025
verbal gift
Posted inNews

Supreme Court: “Courts Must Exercise Greatest Care in Accepting Verbal Gifts Set Up After Donor’s Death” — Oral Gift Fails, Plaintiff’s Suit Dismissed as Time-Barred

Court’s Decision The Supreme Court of India set aside the concurrent findings of the Trial Court and the Karnataka High Court, holding that the plaintiff failed to establish her title…
Posted by Rawlaw October 8, 2025
Delhi High Court: “Bar under Order XIII-A is attracted if a suit is originally filed under summary procedure” — Summary Judgment Set Aside for Violation of Procedural Mandate
Posted inNews

Delhi High Court: “Bar under Order XIII-A is attracted if a suit is originally filed under summary procedure” — Summary Judgment Set Aside for Violation of Procedural Mandate

Court’s Decision The Delhi High Court set aside the Commercial Court’s order directing the petitioner to deposit ₹19.50 lakhs by way of a summary judgment under Order XIII-A of the…
Posted by Rawlaw August 7, 2025
trespassers
Posted inNews

Calcutta High Court Refuses Judgment on Admission in Possession Suit Against Alleged Trespassers: “Adverse Possession Plea Goes to Root of the Case, Precludes Summary Decree”

Court’s Decision The Calcutta High Court dismissed an application under Order XII Rule 6 of the Code of Civil Procedure seeking a judgment on admission in a suit for eviction,…
Posted by Rawlaw July 30, 2025

Recent News

  • Bombay High Court holds execution under Section 44A must remain summary—“Issues and full-fledged evidence only in exceptional cases”; order framing issues in UAE decree execution set aside
  • Bombay High Court refuses to quash cheque bounce cases over merged bank cheques—“Validity can be curtailed by merger, but ‘funds insufficient’ memo triggers statutory presumption”; accused must prove defence at trial
  • Bombay High Court upholds Industrial Court stay on city body’s circular withdrawing diploma-linked wage increments—“Customary concession can’t be ended unilaterally”,writ dismissed, status quo to continue
  • Bombay High Court sets aside housing society expulsion over member complaints—“Access to justice is not a privilege”; members restored, stay refused
  • Bombay High Court upholds statutory arbitration under Multi-State Co-operative Societies Act despite SARFAESI and RDB proceedings—“Option under RDB Act preserves Section 84 remedy”; Section 34 challenge dismissed
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