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Madras High Court Allows Amendment in Suit for Declaration and Possession — Subsequent Construction by Defendants Constitutes Fresh Cause of Action. Amendment to Include Mandatory Injunction Not Barred by Limitation Under Order VI Rule 17 CPC.

The petitioner filed a suit for declaration and recovery of possession. During the pendency of the suit, the petitioner alleged that the defendants tr...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Kr...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction for Nuisance Under Bombay Rent Act. Concurrent Findings of Fact on Nuisance Under Section 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant Suklal Kalu Thorat (since deceased, represented by legal heirs), filed a writ petition challenging the judgment dat...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...