Search Results for "Mesne profit"

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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Lodging House Dispute — Confirms Tenant's Subletting and Unauthorized Construction as Grounds for Eviction Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The present petition under Article 227 of the Constitution of India challenges the judgment and order dated 21st November 1998 passed in Appeal No. 45...

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High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

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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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Bombay High Court Dismisses Second Appeal in Partition Suit Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts regarding joint family property and limitation cannot be interfered with under Section 100 CPC.

The appellant, Madhusudan Vishwanath Mule, filed a second appeal against the judgment and decree of the Civil Judge Junior Division at Malkapur dated ...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...

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Gujarat High Court Allows Revision Against Wakf Tribunal Eviction Decree — Failure to Consider Rent Control Act Bar. The Court held that the Wakf Tribunal must first determine applicability of Rent Control Act before proceeding with eviction suit under Section 89(3) of Wakf Act, 1995.

The case involves two civil revision applications filed under Section 89(3) of the Wakf Act, 1995 read with Section 115 of the Code of Civil Procedure...

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Bombay High Court Dismisses Second Appeal in Eviction Suit — Confirms Decree for Possession Based on Valid Sale Deed and Caretaker Agreement. Agreement for Sale and Subsequent Sale Deed Transfer Title; Occupier as Caretaker Must Vacate After Expiry of Term.

The respondent/plaintiff filed Regular Civil Suit No.819 of 2016 for possession and arrears of rent against the defendant, who had sold the suit prope...