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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

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High Court Dismisses Revision Application in Possession Dispute - Applicant Challenge to Decree Under Section 6 of Specific Relief Act Fails - Trial Court's Order Restoring Possession Upheld

The High Court dismissed the Civil Revision Application filed by the Applicant-Defendant challenging the Trial Court's decree in Special Civil Suit No...

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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High Court of Bombay Examines City Civil Court's Jurisdiction in Injunction Suit by Owner Against Family Members. Challenge to Maintainability of Suit for Injunction Without Declaration Under Specific Relief Act and Jurisdiction Under Provincial Small Cause Courts Act.

The writ petition under Article 227 of the Constitution arose from a suit for permanent injunction filed by a mother-in-law, claiming ownership of a r...

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...