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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

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Bombay High Court Grants Leave to Combine Passing Off with Trademark Infringement Under Clause XIV of Letters Patent. The Court held that the object of Clause XIV is to avoid multiplicity of proceedings, and the defendants' hardship plea was irrelevant to the passing off claim.

The petitioner, Bajaj Electricals Limited, filed a Leave Petition under Clause XIV of the Letters Patent seeking leave to combine a cause of action fo...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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Bombay High Court Partly Allows Tenant's Petition Challenging Eviction Decree Under Maharashtra Rent Act, 1999 — Notice Under Section 15 Held Valid Despite Inclusion of Time-Barred Rent Claim, but Eviction on Bonafide Need Set Aside as Landlord Gave Up That Ground.

The petitioner, a tenant, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27/4/...

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Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

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Bombay High Court Dismisses Second Appeal in Property Injunction Case - Possession Sufficient for Injunction Without Title. Perpetual Injunction Granted to Plaintiffs in Possession of Open Land Despite Ownership Being Recorded in Defendants' Name Under Section 38 of Specific Relief Act, 1963.

The case involves a property dispute over an open land described as IB out of CTS No. 499, situated in front of CTS Nos. 498, 500, and 501 in Masuchiw...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...