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Bombay High Court Dismisses Defendant's Appeal in License vs. Tenancy Dispute — Written License Agreement Governs Relationship. Court Holds That Defendant Failed to Prove Oral Tenancy, and Civil Court Has Jurisdiction.

The case involves a dispute between the plaintiff, Mrs. Rosario Boventura Fernandes, and the defendant, Shri Indrakant Shankar Mambro, over a parcel o...

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Supreme Court Allows Appeal in Income Tax TDS Case — Liquor Vendors Are Not 'Buyers' Under Section 206C of Income Tax Act, 1961. Court holds that excise contractors acquiring arrack under state-controlled system are excluded from definition of 'buyer' under Explanation (a)(iii) of Section 206C.

The appeal arose from a dispute under Section 206C of the Income Tax Act, 1961, concerning tax collection at source on the sale of alcoholic liquor. T...

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Bombay High Court Allows Tenant's Petition in Rent Control Ejectment Suit — Landlord's Bonafide Need Not Proved. Tenant's eviction set aside as landlord failed to establish bonafide requirement under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, a tenant, challenged two civil suits for ejectment and possession filed by the respondents-landlords under Section 16(1)(g) of the Mah...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Supreme Court Allows Appeal by Government Corporation in Eviction Case — Corporation Held to be Government Undertaking Under West Bengal Government Premises Act. Leased Plots Part of Larger Industrial Estate Constitute Government Premises, Termination of Lease Valid.

The case involves an appeal by the West Bengal Small Industries Development Corporation Ltd. (the Corporation) and its functionaries against an order ...

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Bombay High Court Dismisses Second Appeal in Rent Recovery Suit — Hyderabad Rent Act Applicability During Pendency Does Not Bar Eviction Decree. Section 15(1) of Hyderabad Rent Act does not apply to decrees passed by civil court before the Act's extension to the area.

The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appella...