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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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High Court of Karnataka Dismisses Miscellaneous Second Appeal in Property Suit — Upholds Appellate Court's Reversal of Ex-Parte Decree. Restoration of Suit Ordered as Defendants Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The present Miscellaneous Second Appeal was filed by the appellants, who were the defendants in the original suit, challenging the judgment and decree...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law.

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-de...

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Karnataka High Court Directs Tahsildar to Restore Khata and RTC in Land Dispute Based on Civil Court Decree. Revenue Authorities Bound to Implement Civil Court Decree in O.S.96/1997.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the 4th respondent Tahsildar...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The original plaintiff, B. Jayamma, filed a suit for partition of suit schedule property claiming to be the wife of late Bheemaiah and daughter of lat...

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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...