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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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Bombay High Court Allows Landlord's Eviction Petition and Dismisses Tenants' Petition in Agricultural Tenancy Dispute. Landlord's bonafide need for personal cultivation under Section 33B and default in rent under Section 25 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 upheld.

The judgment concerns two writ petitions arising from agricultural tenancy disputes over the same suit property. The landlord, Tukaram Maruti Dubal, f...

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High Court of Karnataka Quashes BBMP Recovery Demand Against Swimming Centre for Lack of Authority. Demand for Rs. 1,93,73,184 for alleged excess water consumption set aside as BBMP lacked jurisdiction to levy such charges under the Karnataka Municipal Corporations Act, 1976.

The petitioner, M/S. PM Swimming Centre, a partnership firm, filed a writ petition under Articles 226 and 227 of the Constitution of India before the ...

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Bombay High Court Dismisses Delay Condonation Application in Specific Performance Suit — Unexplained Delay of Over 8 Years Not Condonable. Cross-Objection Filed After 3015 Days Without Sufficient Cause Rejected Under Section 5 of Limitation Act, 1963.

The judgment pertains to an application for condonation of delay of 3015 and 3166 days in filing cross-objection in Second Appeals No. 658/2007 and 70...

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Madras High Court Quashes Government Order Rejecting Granite Quarry Lease Renewal Due to Violation of Natural Justice. Successor Officer Passed Order Without Hearing Petitioner After Personal Hearing by Predecessor, Rendering Order Invalid.

The petitioner, Galaxy Enterprises, a proprietary concern represented by its proprietor S.R.Kumar, had been granted a lease for quarrying granite in S...

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Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...

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High Court of Karnataka Allows Appeal in Companies Act Case — Acquittal Set Aside for Non-Prosecution of Director. Section 452 of Companies Act, 2013 requires that a director must be prosecuted for the company's default; acquittal of director without trial on merits is illegal.

The appellant, M/s. P.M. Granites Exports Pvt. Ltd., filed a complaint under Section 452 of the Companies Act, 2013 against the respondent, T. Manohar...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...