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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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High Court of Karnataka Dharwad Bench Delivers Judgment in Regular First Appeal Against Dismissal of Partition Suit by Trial Court. The suit involved claims of joint family property, partnership business, and allegations of prior partition through relinquishment deeds and gifts.

The case involves a regular first appeal filed by the appellant/plaintiff against the judgment and decree dated 30.11.2013 in O.S.No.248/2006 passed b...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

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Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

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Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...