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Bombay High Court Allows Writ Petition Challenging Rejection of Interim Injunction in Tenancy Suit — Court Holds That Small Causes Court Must Consider Prima Facie Case for Injunction Without Deciding Tenancy at Interim Stage

The petitioners, Hansa Bhaskar Dave and Rajesh Bhaskar Dave, filed a suit (R.A.D. Suit No. 1094 of 2011) in the Small Causes Court, Mumbai, seeking a ...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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Bombay High Court Partially Allows Cross Appeals in Service Dispute Over Suspension and Terminal Benefits of Deceased Employee. The court held that salary during suspension is not payable if departmental enquiry is not completed, but provident fund and gratuity are statutory entitlements.

The case involves cross appeals arising from a judgment and decree dated 30.09.1992 in Special Civil Suit No. 102 of 1992. The plaintiffs, heirs of Di...

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Bombay High Court Dismisses Revision Against Order Rejecting Objection to Territorial Jurisdiction in Service Termination Suit. Plaintiff's Cause of Action Arose at Nagpur Where She Worked and Was Terminated, Conferring Jurisdiction on Nagpur Courts Under Section 20(c) CPC.

The respondent/plaintiff, Mrs. Archana Dongre, was employed as a Relationship Manager with HDFC Bank Limited at its Nagpur branch. Her services were t...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

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Bombay High Court Allows Revision Against Eviction Decree in Bonafide Requirement Case — Landlord's Failure to Lead Personal Evidence Proves Fatal. Constituted Attorney's Evidence Held Insufficient to Prove Bonafide Requirement Under Section 115 CPC.

The case involves a civil revision application filed by the defendants (tenants) against the judgment and decree of the appellate court confirming the...

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Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

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Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...