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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Dismisses Landlord's Revision in License Eviction Case — License Agreement Not Proved. Landlord failed to establish that respondent was inducted as licensee under Section 13A2 of Bombay Rent Act; competent authority's dismissal upheld.

The petitioner, Vijay Dinkarrao Karanjavane, claimed to be the owner of House No. 328, Nana Peth, Pune, and alleged that he had given a room on the gr...

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Bombay High Court Allows Landlord's Petition Challenging City Civil Court's Jurisdiction in Landlord-Tenant Dispute Over Open Land. Exclusive Jurisdiction of Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882, Prevails Over Rent Control Act Applicability.

The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes a...

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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation.

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of...

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Supreme Court Allows Revenue in Sales Tax Escaped Assessment Limitation Dispute Under Rule 33 of Travancore-Cochin General Sales Tax Rules, 1950. Initiation of Proceedings Within Three Years Held Sufficient Even if Assessment Completed Later, Overturning High Court's Rejection of Extension.

The dispute arose from the reassessment of escaped turnover under the Travancore-Cochin General Sales Tax Rules, 1950. A dealer (respondent) was asses...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified.

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plai...