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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

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Bombay High Court Allows Appeal Against Removal of Trustees Under Maharashtra Public Trusts Act — Proceedings Against Deceased Persons Renders Order Illegal. The court held that continuing proceedings against dead persons violates natural justice and the order is per se illegal.

The present appeal was filed by Dr. Avinash Dekate and Venimadhav Akolkar challenging the order dated 15/12/2018 passed by the Joint Charity Commissio...

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Bombay High Court Allows Petitions Challenging Unconstitutional Appointment of Administrator in Ulhasnagar Municipal Corporation. Appointment of Administrator under Section 55A of the Maharashtra Municipal Corporations Act, 1971 without prior dissolution of elected body held illegal and ultra vires.

The judgment concerns three writ petitions filed by Bhagwan Shankar Bhalerao, Deepak Laxmandas Sirwani, and Vijay Chahu Patil challenging the appointm...

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Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

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Bombay High Court Allows Revision Application in Eviction Suit — Landlord's Title Not Required to Be Proved in Eviction Proceedings Under Section 13(1)(e) of the Maharashtra Rent Control Act, 1999. Tenant's Challenge to Landlord's Title Not Maintainable Without Attornment.

The case involves a Civil Revision Application filed by the original plaintiffs (landlords) against the judgment and decree dated 30-09-2013 passed by...