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Bombay High Court Grants Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

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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...

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Bombay High Court Quashes Trial Court's Deletion of Defendants and Tenancy Issue in Suit Between Rival Tenants. Civil Court Has Jurisdiction Over Injunction Suit Between Tenants; Tenancy Issue Not Arising Unless Disputed by Landlord.

The dispute pertained to a piece of land bearing Survey No. 308/1 in Mandrem Village, Goa. The petitioner, Lawrence Jose Fernandes, claimed to be a te...

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Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

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Bombay High Court Considers Appeal Against Dismissal of Suit Challenging Acquisition Under MHADA Act; Trustees Contest Procedural Validity of Acquisition Notice and Notification.

The appellants, trustees of a public trust, owned buildings known as Badak Chawls in Mazgaon, Mumbai. The Maharashtra Housing & Area Development Autho...

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Bombay High Court Hears Appeal Against Dismissal of Suit Challenging Acquisition of Property Under MHADA Act. Challenge to Acquisition Notices and Notification Under Section 41 of Maharashtra Housing & Area Development Authority Act, 1976 for Alleged Procedural Lapses and Lack of Structural Dilapidation.

This first appeal arises from a suit filed by the plaintiffs, trustees of a public charitable trust, who claimed ownership of certain buildings known ...

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Bombay High Court Full Bench Examines Whether Small Cause Court is Subordinate to High Court on Original Side Under Section 41(b) of Specific Relief Act. Reference Arises from Appeals Against Rejection of Injunctions to Restrain Proceedings Under Maharashtra Rent Control Act in Small Causes Court.

The Bombay High Court constituted a Full Bench to answer a reference on the question of law: whether a Small Cause Court under the Presidency Small Ca...