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Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Dismisses Revision Against Eviction Decree for Unlawful Subletting and Rent Default. Tenant's Claim of Assignment of Tenancy Rights Fails for Lack of Consent of Landlord and Non-Production of Evidence.

The case involves a civil revision application filed by Ratnadeep Shankar Narkar (Applicant/Defendant No.2) challenging the judgment and decree dated ...

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High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...