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Bombay High Court Dismisses Revision Applications Against Rejection of Plaint Rejection Application in Partition Suit. Court holds that issues of limitation and cause of action are mixed questions of law and fact requiring trial under Order VII Rule 11 CPC.

The judgment arises from two Civil Revision Applications (CRA No. 12/2024 and CRA No. 13/2024) filed by defendants in a partition suit (RCS No. 78/202...

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High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

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Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

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Supreme Court Dismisses Appeal by Employer in Arbitration Award Dispute — Award Upheld as No Error of Law Apparent on Face. Arbitrator's Award Not Set Aside Despite Limitation Defense Under Section 326 of U.P. Act 2 of 1916; No Legal Proposition Formed Basis of Award.

The dispute arose from a construction contract for pumping stations and reservoirs at Kanpur between the appellant, Kanpur Nagar Mahapalika (formerly ...

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Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...