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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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High Court of Karnataka Dismisses Trust's Challenge to Land Acquisition for Market Yard Due to Delay and Laches. Challenge to Preliminary Notification Under Section 4(1) of Land Acquisition Act, 1894 Filed After Over a Year Held Not Maintainable.

The Jamnalal Bajaj Seva Trust filed two writ petitions challenging the acquisition of its land by the State of Karnataka for the benefit of the Agricu...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute, Confirms Concurrent Findings of Trial and Appellate Courts. Suit for Declaration of Ownership and Possession of Agricultural Land Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a second appeal filed by the original defendant No.1, Babasaheb s/o Raosaheb Malba (Kadam), against the judgment and order of the Ad...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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High Court of Karnataka Hears Appeal Against Dismissal of Suit for Permanent Injunction Involving Temple Dispute. Plaintiffs Sought Injunction to Restrain Interference with Possession of Temple Premises in Residential Complex.

The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed...