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Bombay High Court Dismisses Landlord's Petition in Rent Control Dispute Over Subletting and Bona Fide Requirement. Landlord Failed to Prove Illegal Subletting and Bona Fide Need for Suit Property Under Bombay Rent Act.

The petitioner, Milind Rajkumar Wagholikar (Shah), was the landlord of a suit property bearing CTS No. 506/34, new CTS No. 866, admeasuring about 7500...

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Bombay High Court Dismisses Appeal Against Decree Under Order VIII Rule 10 CPC for Failure to File Written Statement. Trial Court's Discretion to Pass Judgment Without Trial Upheld Where Defendants Neglected to File Written Statement Despite Multiple Opportunities.

The appeal arises from a judgment dated 12.7.2006 passed by the trial court decreeing the plaintiff's suit for Rs.16,43,200/- with future interest at ...

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Bombay High Court Allows Impleadment of Shareholders in Patent Ownership Suit — Applicants Holding 6.3% Shares Have Sufficient Interest in Subject Matter of Suit. Shareholders are proper parties under Order 1 Rule 10 CPC when the suit concerns company assets that affect share value.

The applicants, Percy Rutton Kavasmaneck and Aban Percy Kavasmaneck, filed a Chamber Summons seeking impleadment as party defendants in Suit No. 2932 ...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Karnataka High Court Dismisses Contempt Petition for Lack of Willful Disobedience of Interim Order in RSA. Court holds that mere violation of an order without proof of willful and deliberate disobedience does not constitute contempt under Sections 11 and 12 of the Contempt of Courts Act, 1971.

The present contempt petition was filed by the complainants under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging that the accused-co...

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Supreme Court Dismisses Appeal in Contractual Dispute Over Hire of Tractor Trailers — Concurrent Findings of Fact Not Interfered With Under Article 136. The Court upheld the decree for recovery of hire charges and value of vehicles, dismissing the counter-claim for transportation bills as unproved.

The case arises from a contractual dispute between M/s Shivhare Roadlines Pvt. Ltd. and another (the petitioners/defendants) and the Madhya Pradesh El...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sale Not Proved as Defendants Denied Execution and Plaintiffs Failed to Establish Readiness and Willingness.

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for specific performance of an agreement to sale ...