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Bombay High Court Dismisses Review Petition in Eviction Case for Unlawful Subletting and Non-User of Premises. Tenants failed to show error apparent on face of record in revision order confirming eviction decree under Bombay Rent Act.

The petitioners, who were the defendants in the original eviction suit, filed a review petition before the Bombay High Court seeking review of an orde...

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Gujarat High Court Quashes GST Demand on Assignment of Leasehold Rights as Not a Supply of Service. Transfer of leasehold interest in industrial plot by way of assignment deed is a transfer of immovable property and not a supply of service under Section 7(1)(a) of State Goods and Service Tax Act, 2017.

The petitioner, Luna Chemical Industries Private Ltd., was allotted an industrial plot by the Gujarat Industrial Development Corporation (GIDC) under ...

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Bombay High Court Dismisses Tilaknagar's Injunction Claim in Trademark Passing Off Dispute Over MANSION HOUSE and SAVOY CLUB. Court Holds That 1987 Agreements Ceding Trademarks Were Conditional and Revocable, and Tilaknagar Failed to Establish Exclusive Ownership.

The judgment arises from a commercial IPR suit involving a counterclaim by Tilaknagar Industries Ltd. (Tilaknagar) against Herman Jansen Beverages Ned...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Impleadment of Assignee in Execution Proceedings Despite Right of Pre-emption Claim. Assignee of share in suit property entitled to be brought on record under Order 1 Rule 10 CPC, independent of pre-emption rights under consent terms.

The applicant, Nipun Thakkar, filed Chamber Summons No. 524 of 2013 seeking impleadment as a party in Execution Application (L) No. 370 of 2012 in Sui...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...