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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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High Court of Bombay Issues Rule and Hears Matter Finally in Writ Petition Challenging MSEDCL Communication. The Court Decides the Petition Under Article 226 of the Constitution with Consent of Parties After Respondents Waive Service.

The petitioners, a private limited company and its shareholder, filed a writ petition under Article 226 of the Constitution of India before the High C...

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Bombay High Court Upholds Eviction Decree Against Tenant in Bombay Rent Act Suit for Default in Rent. Tenant's Conflicting Evidence and Failure to Deposit Rent During Appeal Disentitled Him to Relief Under Section 12(3).

The dispute arose from an eviction suit filed by the landlords (respondents) against their monthly tenant (petitioner) in the Small Causes Court at Pu...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

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Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...