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Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Co-operative Tribunal Order — Dispute Regarding Land Purchase and Construction Not Maintainable Under Section 91 of MCS Act as It Involves Pre-Society Promoters' Agreement, Not a Society Dispute.

The petitioner, Mayfair Co-operative Housing Society Ltd., filed a writ petition challenging the judgment and order dated 03/07/2006 of the President,...

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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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Bombay High Court Hears Appeal Against Trial Court's Order Refusing to Summon Defence Witnesses in MCOC Case. Issue Pertains to Relevance of Confessions of Other Accused Persons Recorded Under Section 18 of MCOC Act in a Separate Trial.

The appeal before the Bombay High Court arose from an order passed by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 (MC...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

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Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

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Supreme Court Partially Allows Revenue's Appeal in Income Tax Exemption Case and Remands for Fresh Consideration. Assessing Officer Directed to Re-examine Charitable Trust Status of Society Running Newspaper with Advertisement Revenue Under Sections 2(15) and 11 of Income Tax Act, 1961.

The Supreme Court partially allowed an appeal by the Commissioner of Income Tax (revenue) concerning the charitable trust status and tax exemption eli...