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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

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Bombay High Court Allows Second Appeal in Service Dispute — Time Spent in Labour Court Proceedings Can Be Excluded Under Section 14 of Limitation Act, 1963. Proceedings before Labour Court are civil proceedings for the purpose of Section 14 of the Limitation Act, 1963.

The appellant, Jankiram Pandharinath Thorat, was a permanent employee of the Akot Municipal Council working as a Naka Mohrir on a monthly salary of Rs...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Suit Dismissed as Barred by Limitation. Trial Court's Finding of Limitation Upheld; Decree for Refund Set Aside as Without Jurisdiction.

The dispute arose from an agreement to sell dated 01.09.2004 and a final agreement dated 19.11.2004 between the plaintiff (respondent) and the defenda...

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Bombay High Court Upholds Rejection of Plaint in Recovery Suit as Time-Barred Under Order VII Rule 11 CPC. Claim for Damages for Short Delivery of Goods Filed Beyond Three-Year Limitation Period Under Article 11 of Limitation Act, 1963.

The appeal was filed by Reliance Industries Limited against the order of the Civil Judge, Senior Division, Panvel, dated 21/3/1998, rejecting the plai...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...