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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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Bombay High Court Allows Appeal Against Reconstruction of Suit Records Without Determining Pendency. Order for Reconstruction of 1969 Suit Records Set Aside as Prothonotary Failed to Verify Pendency and Notice Not Given to Defendants.

A suit was instituted on the Original Side of this Court in 1969 for the redemption of a mortgage executed in 1925. The Defendants were a company owne...

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Bombay High Court Adjudicates Appeal Under Section 14 of Admiralty Act Against Single Judge Order Dismissing Defendant's Notice of Motion. The dispute concerned breach of a bareboat charterparty and a subsequent time charterparty regarding a vessel.

The original plaintiff, Siem Offshore Rederi AS, a Norwegian company, filed Admiralty Suit (L) No. 20 of 2018 before the Bombay High Court against the...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...