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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit. Agreement for Sale Recognized Prior Possession, Thus Stamp Duty Payable Under Article 5(e)(ii) of Karnataka Stamp Act, 1957, Not as Conveyance Under Article 5(e)(i).

The dispute originated from a suit for specific performance of an agreement dated 23.06.2018 filed by respondent No.1 against the petitioner and other...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...

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Bombay High Court Upholds Interim Injunction Against Newspaper in Defamation Suit. Court Restrains Publication of Defamatory Articles About Plaintiff and Family Pending Trial, Holding That Per Se Defamatory Statements Without Justification Cannot Be Published.

The plaintiff, Gokulchand Govindlal Sananda, filed Regular Civil Suit No.17 of 2013 seeking damages of Rs.25,00,000 for per se defamatory publications...