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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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Supreme Court Quashes Criminal Proceedings in Property Dispute Case Due to Civil Nature and Unwilling Complainant. Allegations Under Sections 341, 354C, 506 IPC Fail as Dispute is Civil and Complainant Refused to Make Judicial Statement.

The present appeal arises from a criminal case initiated by a complainant, who alleged that the appellant, restrained her from entering a property, cl...

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Bombay High Court Considers Interim Application for Judgment on Admissions in Admiralty Suit. Plaintiff Seeks Relief Under Order XII Rule 6 of Code of Civil Procedure, 1908, Alleging Admissions by Defendants.

The present matter concerns an interim application filed by the plaintiff, Raj Transport and Trading Company, in the pending Admiralty Suit No. 17 of ...

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Bombay High Court Allows Revision Against Eviction Decree in Bonafide Requirement Case — Landlord's Failure to Lead Personal Evidence Proves Fatal. Constituted Attorney's Evidence Held Insufficient to Prove Bonafide Requirement Under Section 115 CPC.

The case involves a civil revision application filed by the defendants (tenants) against the judgment and decree of the appellate court confirming the...

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Bombay High Court Grants Interim Relief to ISP in Section 9 Arbitration Application, Restraining OTT Platform from Suspending Internet Services to 22,000+ Subscribers. Court holds that MOU creates binding obligations and balance of convenience favors continuity of services pending arbitration.

The applicant, World Phone Internet Services Pvt. Ltd. (WPISPL), a Delhi-based Class A Unified License ISP, filed an application under Section 9 of th...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That Second Appeal Cannot Be Entertained on Reappreciation of Evidence When No Substantial Question of Law Arises.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the Principal District Judge, Ratnagiri, dismi...

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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

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Bombay High Court Allows Amendment of Written Statement in Partition Suit — Liberal Approach to Amendments Before Trial. Amendment to incorporate subsequent events and additional properties does not change nature of suit and must be allowed under Order VI Rule 17 CPC.

The petitioners (defendants in the suit) challenged an order dated 12 July 2005 passed by the IInd Joint Civil Judge (J.D.), Kopargaon, rejecting thei...

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Supreme Court Allows Official Liquidators' Appeal in Company Winding-Up Rent Claim Dispute. Landlord's Claim for Rent Priority Denied as Proviso to Rule 97 of Company Rules Does Not Grant Precedence Over Other Creditors.

The dispute arose out of the winding up of U. P. Union Bank Ltd. The bank was a tenant in a building owned by the respondent landlord. After the windi...