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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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High Court Frames Charges Against Accused for Filing Frivolous Litigations; Supreme Court Dispenses with Trial in Contempt Case. Forum Shopping and Abuse of Process Held to Amount to Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The criminal contempt petition was filed by Hasham Investment and Trading Company Private Limited, Wipro Limited, and Azim Hasham Premji (complainants...

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Supreme Court Upholds Small Causes Court’s Power to Issue Distress Warrant in Rent Disputes. Rule 5 Under Bombay Rent Act Held Valid and Distress Warrant for Municipal Taxes Recoverable as Rent under Section 53 of Presidency Small Cause Courts Act, 1882.

The respondent was the owner of a house in Ahmedabad, and the appellants were tenants under a lease agreement requiring payment of Rs. 2,171 per month...