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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent ag...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Dismisses Writ Petition Challenging Abatement of Appeal in Rent Control Ejectment Suit. Failure to Bring Legal Representatives on Record Within Limitation Leads to Dismissal of Appeal as Abated.

The petitioners, heirs of the original plaintiff Ramsukh Mishrilal Jadiya, filed a writ petition challenging the order dated 23/12/2010 passed by the ...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

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Bombay High Court Dismisses Petition Challenging Decree for Possession Under Section 6 of Specific Relief Act, 1963 — Suit for Possession Based on Prior Possession Maintainable Against Defendants Who Dispossessed Plaintiff Without Title.

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed by the trial court under Section 6 of the Specific Relief Act, 19...