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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Upholds Life Sentence for Husband in Dowry Death Case — Conviction Under Sections 498-A, 304-B IPC and Section 4 of Dowry Prohibition Act, 1961 Confirmed Based on Consistent Evidence of Harassment and Demand for Dowry

The appellant, Jalal Siddiqui Mulla, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.773 of 2010 for offences under...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Based on Acquisition of Suitable Residence. Purchase of Plot in Wife's Name and Construction of House Does Not Conclude Acquisition of Suitable Residence Under Section 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a dispute between the legal representatives of the original defendant-tenant (petitioners) and the legal representatives of the orig...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...