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Bombay High Court Upholds Eviction Decree Against Tenant in Bombay Rent Act Suit for Default in Rent. Tenant's Conflicting Evidence and Failure to Deposit Rent During Appeal Disentitled Him to Relief Under Section 12(3).

The dispute arose from an eviction suit filed by the landlords (respondents) against their monthly tenant (petitioner) in the Small Causes Court at Pu...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Gujarat High Court Allows Restoration of Suit Dismissed for Default, Condoning Delay of Over 4 Years Due to Sufficient Cause. The Court held that the Trial Court's rejection of condonation was perverse and that a liberal approach is warranted under Order IX Rule 9 CPC and Section 5 of Limitation Act.

The petitioner, heir of the original plaintiff, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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Bombay High Court Allows Withdrawal of Suit Without Notice to Intervenors, Sets Aside Order for Costs. The court held that intervenors added as defendants have a right to be heard before withdrawal of suit under Order XXIII Rule 1 CPC, and remanded the matter for fresh hearing.

The case involves a civil suit filed by respondent No.1 (original plaintiff) before the City Civil Court, being Long Cause Suit No.2830 of 2002, again...

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Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility.

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...