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Found 2013 result(s)

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Bombay High Court Allows Second Appeal in Partition Suit — Establishes Plaintiffs' Title and Entitlement to Partition. Court holds that concurrent findings of fact can be interfered with if perverse or based on no evidence, and that plaintiffs proved their 1/3rd share in suit property.

The case involves a second appeal arising from a partition suit. The original plaintiffs, Ratnakar Pralhad Deoras (since deceased, represented by lega...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Case — Charter Hire Charges Not Excessive Under Section 40A(2)(a) of Income Tax Act. Concurrent findings of fact that charges were based on Barge Owners Association rates upheld.

The case involves two tax appeals filed by the Commissioner of Income Tax against M/s. Goa Minerals Pvt. Ltd. under Section 260A of the Income Tax Act...

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Bombay High Court Dismisses Second Appeal Under Section 100 CPC, Upholding Concurrent Findings on Will and Possession. No Substantial Question of Law Arises as Findings of Fact Are Not Perverse.

The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil ...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction for Nuisance Under Bombay Rent Act. Concurrent Findings of Fact on Nuisance Under Section 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant Suklal Kalu Thorat (since deceased, represented by legal heirs), filed a writ petition challenging the judgment dat...

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Bombay High Court Dismisses Second Appeals in Property Dispute Involving Shivaji Education Society. Court upholds concurrent findings of fact that the suit properties were not trust properties and that the plaintiffs failed to prove their title.

The case involves four second appeals filed by the appellants, who are office bearers of Shivaji Education Society, against the respondents. The dispu...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts.

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defe...

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Supreme Court Allows Appeal in Property Dispute Over Encroachment — High Court's Modification of Trial Decree Set Aside. The Court held that the High Court exceeded its jurisdiction under Section 100 CPC by modifying a concurrent finding of encroachment without framing a substantial question of law.

The appellants, legal heirs of the original plaintiff Om Parkash, filed Civil Suit No.426 of 1996 seeking mandatory injunction for removal of an alleg...