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High Court of Judicature at Bombay Dismisses Defendants' Second Appeal in Property Possession Suit Based on Oral Gift (Hiba) Under Muslim Personal Law. Concurrent Findings of Fact Regarding Valid Oral Gift and Father's Admission in Written Statement Upheld; No Substantial Question of Law Arises.

The dispute centered on ownership and possession of a property within a family, where the plaintiff, a son, claimed that his father had made an oral g...

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Bombay High Court Upholds Eviction of Tenant for Acquiring Suitable Alternative Residence Under Section 13(1)(l) of Bombay Rent Act. Tenant's acquisition of one-room kitchen tenement in wife's name held suitable for family, reversing trial court's finding.

The case involves a landlord's suit for eviction of a tenant from a one-room tenement in Dombivli, filed in 1992 on grounds of rent default, nuisance,...

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High Court of Karnataka Considers Second Appeal Against Decree Granting Declaration and Possession; Operative Part Missing. The appeal challenges the first appellate court's reversal of the trial court's dismissal, but the judgment's conclusion is not provided.

The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) bef...

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High Court of Bombay Dismisses Wife's Appeal Against Divorce Decree in Family Court Appeal No.101 of 2001. Consent Terms Repudiated by Wife Held Not to Bar Fresh Petition; Filing False Criminal Complaint Constitutes Cruelty under Hindu Marriage Act, 1955.

The appellant, Mrs. Meera Raju Mandlik, and the respondent, Shri Raju Martand Mandlik, were married on 11-5-1993 as per Hindu rites. Both were highly ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Dismisses Petition Challenging Rejection of Commissioner Appointment in Property Suit. Court Commissioner Not Appointed When Dispute Involves Title and Possession, Not Measurement.

The petitioner, Kolhapuri Bandu Lakade, filed a suit (Regular Civil Suit No.513 of 2007) for declaration and restoration of possession against the res...

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Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

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High Court of Karnataka Dismisses Regular First Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Appeal fails as appellants failed to prove title and possession over suit property, and no substantial question of law arose.

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2015...