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Bombay High Court Allows Landlady's Revision in Rent Control Eviction Suit — Tenant's Appeal Set Aside for Non-Compliance with Section 13(1)(a) of Bombay Rent Act. Tenant's Failure to Use Premises with Care and Damage to Property Justifies Eviction Under Section 108(o) of Transfer of Property Act, 1882.

The Civil Revision Application was filed by the original Plaintiff/landlady, Sau. Suman Ramesh Samant, against the Respondent/original Defendant/tenan...

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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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High Court of Karnataka Allows Impleadment of Subsequent Purchaser in Partition Suit Appeal — Order I Rule 10 CPC. Subsequent purchaser held to be necessary and proper party to appeal under Order I Rule 10 of Code of Civil Procedure, 1908.

The petitioner, Sri Basavaraj @ Madhu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his ad...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...