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High Court of Bombay Dismisses Writ Petition Challenging Eviction Decree Under Section 13(1)(k) of Bombay Rent Act. Concurrent Findings of Non-User of Suit Premises Upheld as Evidence Established Disuse for Continuous Six Months Without Reasonable Cause.

The judgment arose from a writ petition under Article 227 of the Constitution of India challenging concurrent eviction decrees passed by two courts be...

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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allo...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

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

The case involves two regular second appeals filed by the appellants, Chanderakant and Suryakant, against the respondents, who are legal representativ...

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Bombay High Court Allows Second Appeal in Service Matter — Dismissal of Police Constable Set Aside for Violation of Natural Justice. Non-compliance with mandatory pre-decisional hearing under Article 311(2) of Constitution renders dismissal order void ab initio.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the original defendant, the Commandant of S.R.P.F. ...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...