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Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Order 7 Rule 11(d) CPC Application in Suit for Specific Performance. Court Holds That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves a Civil Revision Application and a Writ Petition filed by M/s J.M. Baxi & Co. (the applicant/petitioner) challenging an order dated ...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Quashes Notification Removing Waqf Board Member for Ceasing to be Bar Council Member — Holds That Section 14(1)(b)(iii) of Waqf Act, 1995 Does Not Apply to Members Appointed from Bar Council Category.

The petitioner, Asif Shaukat Qureshi, was a lawyer and former Chairman of the Bar Council of Maharashtra and Goa. He was appointed as a member of the ...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

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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...