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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Dismisses Revision Application as Not Maintainable in Civil Suit for Injunction — Order Refusing Temporary Injunction Is Appealable Under Order 43 Rule 1(r) CPC. Revision Under Section 115 CPC Is Not Maintainable When an Alternative Remedy of Appeal Exists.

The present Civil Revision Application was filed by the applicants, Babybai w/o Skharam Pardeshi and Madansingh s/o Dharamsingh Pardeshi, against the ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...