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Bombay High Court Dismisses Revision Against Order Setting Aside Ex-Parte Decree in Suit for Possession and Mesne Profits. Court Holds That Sufficient Cause for Setting Aside Ex-Parte Decree Must Be Liberally Constructed Under Order 9 Rule 13 CPC.

The present civil revision application arises from an order passed by the trial court setting aside an ex-parte decree. The petitioners, who were the ...

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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High Court of Bombay Admitted a Batch of Appeals from Orders in Property-Related Disputes. The Specific Nature of the Dispute and the Court’s Directions Remain Unclear as the Judgment Text Was Truncated.

The judgment dated 12 December 2011 was delivered by Justice R.M. Borde of the High Court of Bombay (Civil Appellate Jurisdiction). The matter involve...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...