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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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High Court of Karnataka Considers Second Appeal Against Decree Granting Declaration and Possession; Operative Part Missing. The appeal challenges the first appellate court's reversal of the trial court's dismissal, but the judgment's conclusion is not provided.

The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) bef...

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Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...