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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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Bombay High Court Dismisses Criminal Contempt Petition Alleging Scandalizing of Lower Court. Use of Words 'Extraneous Considerations' in Review Application Held Not to Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Col. Mahendra Pratap Choudhary, filed a criminal contempt petition under Section 15 read with Section 2(c) of the Contempt of Courts A...

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Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

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Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...