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Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

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Bombay High Court Upholds Eviction Decree Against Tenant for Non-User and Landlord's Bonafide Requirement Under Bombay Rent Act. Tenant's occasional use of premises does not constitute continuous residence; landlord's need for own use justified eviction.

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) under the Bombay Rents, Hotel and Lodgi...

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Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...