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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

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Bombay High Court Allows Tenant's Revision Against Eviction Decree for Lack of Valid Service of Notice Under Section 15 of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove valid service of statutory notice, and the appellate court's finding was perverse.

The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District J...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Rules that Setting Aside Ex Parte Decree Means Fresh Decree is Decree of First Instance for Pre-emption Rights. Pre-emptor's Right Must Exist on Date of Fresh Decree Under Section 15, Punjab Pre-emption Act, 1913.

The case arose from a suit for possession based on the right of pre-emption under the Punjab Pre-emption Act, 1913. The appellant, Vijay Singh, a cosh...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Dishonoured Bill of Exchange. Territorial Jurisdiction and Triable Issues Raised by Defendant Warrant Trial Under Order 37 CPC.

The Plaintiff, Tata Capital Financial Services Limited, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, seeking to recover R...