Search Results for "Civil Procedure Code, 1908"

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APPEAL FROM ORDER NO.495 OF 2015

The judgment under consideration pertains to four appeals arising from a property dispute involving final plot no.267 of Town Planning Scheme IV, Mahi...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC where findings are based on appreciation of evidence and no perversity is shown.

The judgment pertains to two second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The appella...

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Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Civil Revision Application in Eviction Proceeding under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Landlord's contention of alternate accommodation by tenant and willful default were key issues.

The dispute centered on a shop admeasuring 15' x 20' ft. out of House No.1270/6 at Gunj Golai, Latur, owned by the late Vishwambhar Kulkarni. After hi...

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Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...