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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

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High Court Dismisses Tenant's Revision Application in Rent Dispute - Eviction Upheld Under Bombay Rent Act for Non-Payment of Arrears Before First Hearing Date

The High Court dismissed a revision application filed by the tenant challenging eviction orders passed under the Bombay Rent Act -- The landlord had p...

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Gujarat High Court Dismisses Tenant's Revision in Rent Arrears Case — Tenant Failed to Pay Rent Despite Notice Under Section 12(2) of Bombay Rent Act. Eviction Decree Confirmed as Tenant's Default Attracts Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a civil revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Rent Act)...

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Bombay High Court Considers Interim Application for Judgment on Admissions in Admiralty Suit. Plaintiff Seeks Relief Under Order XII Rule 6 of Code of Civil Procedure, 1908, Alleging Admissions by Defendants.

The present matter concerns an interim application filed by the plaintiff, Raj Transport and Trading Company, in the pending Admiralty Suit No. 17 of ...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...