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High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...

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Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

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Gujarat High Court Upholds Conviction of Accused in Factional Riot Murder Case — Acquittals Set Aside. Common Intention Under Section 149 IPC Applied to Convict All Members of Unlawful Assembly for Murder and Attempt to Murder.

The case arises from a violent incident on 13.06.2014 at Nava Borbhatha, Ankleshwar, where a group of accused persons, armed with deadly weapons, atta...