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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Bombay High Court Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976.

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housi...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Lodging House Dispute — Confirms Tenant's Subletting and Unauthorized Construction as Grounds for Eviction Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The present petition under Article 227 of the Constitution of India challenges the judgment and order dated 21st November 1998 passed in Appeal No. 45...

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High Court of Gujarat Hears Challenge to Constitutional Validity of Section 10A(2)(c) of MMDR Act and Rule 8(4) of MCR Rules, 2016. Petition Seeks Execution of Mining Lease Deed and Challenges Orders of Union and State Governments.

The petitioner, a company registered under the Companies Act, 1956 (originally ABG Cement Ltd., later Vadraj Cement Ltd.), filed a writ petition befor...

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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...