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Bombay High Court Allows Civil Revision Against Return of Plaint in Ejectment Suit Filed Before Small Causes Court. Suit for Ejectment of Licensees Valued at Rs. 200/- is Cognizable by Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicant, Ashok Khubchand Vaswani, filed Regular Civil Suit No. 409 of 2009 before the Small Causes Court at Nagpur seeking ejectment of the resp...

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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and first appellate court decrees regarding declaration of title and permanent injunction, finding no substantial question of law under Section 100 CPC.

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of the firs...

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Bombay High Court Allows Ad-Interim Injunction in Trade Mark Infringement Suit for 'Orient' Electric Appliances. Plaintiff's Longstanding Use and Registration of 'Orient' Mark Found Sufficient for Interim Protection Against Defendants' Identical Mark.

The plaintiff, Orient Paper & Industries Limited, filed a suit before the Bombay High Court alleging trade mark infringement and passing off against d...

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Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

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High Court of Karnataka Dismisses Second Appeal in Possession Suit — Concurrent Findings of Courts Below Upheld. Suit for Possession Based on Title and Prior Possession Dismissed as Plaintiffs Failed to Prove Title and Possession Within 12 Years.

The case involves a second appeal filed by the plaintiffs (appellants) against the concurrent judgment and decree of the Trial Court and First Appella...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...