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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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High Court of Karnataka Allows Defendant's Appeal Against Rejection of Attachment Application in Money Suit. Defendant's Application Under Order 38 Rule 2 CPC for Attachment of Plaintiff's Property Was Wrongly Rejected by Trial Court.

The appellant/defendant filed two miscellaneous first appeals against orders passed by the XXXIII Additional City Civil & Sessions Judge, Bengaluru in...

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Supreme Court Hears Appeal on Limitation Issue Regarding Temple Property Alienations. High Court had applied Art. 134-B of Limitation Act, 1908 and rejected adverse possession claim since alienor was alive.

The dispute concerned lands granted in inam to a temple. By 1929, the manager of the temple had sold all the properties through various sale deeds and...

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Madras High Court Upholds Annulment of Settlement Deed Under Senior Citizens Act for Grandson's Neglect. Implied Condition of Maintenance Found Sufficient Under Section 23(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Where Deed Executed Out of Love and Affection.

The case arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, involving a senior citizen grandmother (respondent no.3) an...

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High Court Quashes FIR Against Landowners in Cheating Case, Holds Civil Dispute Not Criminal. FIR Quashed as Civil Suit for Specific Performance Already Pending; No Criminal Intent Found Under Sections 406 and 420 IPC.

The dispute pertained to an agricultural land transaction where the accused persons had entered into a notarized agreement to sell dated 10th March 20...

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...