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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Supreme Court Allows Appeal in Consumer Dispute Over Housing Loan Disbursement — No Privity of Contract Between Complainant and Bank. Complainant Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as No Service Was Hired or Availed from the Appellant Bank.

The present appeal arises from a consumer complaint filed by the respondent (original complainant) against the appellant bank before the National Cons...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

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Bombay High Court Grants Summary Judgment in Favor of Builder/Promoter in Summary Suit for Recovery of Maintenance Charges Under MOFA Agreement. Defendant's Failure to File Reply to Summons for Judgment Leads to Decree for Claimed Amount with Interest.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries, for recovery of alleged m...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld.

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Di...

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Bombay High Court Dismisses Legal Representatives' Petition Against Eviction Decree for Subletting Without Consent. Subletting of Tenanted Premises Without Landlord's Consent Constitutes Unauthorized Transfer Under Section 15 of the Maharashtra Rent Control Act, 1999.

The petitioners, legal representatives of the original tenant Vatsala Krishna Jadhav, challenged the eviction decree passed against them by the courts...