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High Court of Karnataka Dismisses Appeals Against Interim Injunction in Property Suit — Balance of Convenience Favors Plaintiff. The court upheld the trial court's order granting interim injunction under Order 39 Rules 1 and 2 CPC, finding no perversity in the exercise of discretion.

The case involves four miscellaneous first appeals filed by the appellants, Mohamed Umar Seeni Ariff Khan and Mrs. Mumtaj Seeni Ariff Khan, against th...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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Bombay High Court Allows Writ Petition Challenging Termination of Employee by MSRTC — Violation of Section 25-F of Industrial Disputes Act, 1947. Termination without notice or compensation held illegal and set aside.

The petitioner, M.A. Azim, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) from 3 June 1968 and was promoted to ...

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Bombay High Court Dismisses Civil Revision Application in Eviction Case — Subletting and Acquisition of Alternate Accommodation Established. Decree confirmed under Section 13(1)(e) and 13(1)(l) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicants, claiming to be tenants of the respondents, were involved in two suits: one filed by the applicants for declaration and injunction (R.A...