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High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...

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High Court of Karnataka Dismisses Plaintiffs' Regular Second Appeal Challenging Dismissal of Suit for Declaration and Injunction Over Inam Land. Regrant of Land Under Karnataka Village Office Abolition Act During Pendency of Suit Does Not Prove Antecedent Ownership or Possession.

The case involves a regular second appeal filed by the plaintiffs against the concurrent judgments of the trial court and the first appellate court di...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

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Supreme Court Allows Appeal in Copyright Infringement Suit — Suit Barred by Limitation Under Article 58 of Limitation Act, 1963. Cause of Action First Arose in 1995 When Plaintiffs Had Knowledge of Defendants' Claims, Not in 2003 When Notice Was Issued.

The Supreme Court allowed the appeal filed by the defendant (M/s. Zee Telefilms Ltd., now Zee Entertainment Enterprises Ltd.) against the judgment of ...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds First Appellate Court's Decision on Limitation. Suit for Declaration by Minors Governed by Article 60 of Limitation Act, 1963, Limitation Runs from Attaining Majority.

The case involves a second appeal before the Bombay High Court at Goa arising from a property dispute. The appellants (defendants in the original suit...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...