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SECOND APPEAL NO.538 2005

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Bombay High Court Dismisses Petition Challenging Order Requiring Proof of Will Under Section 68 of Evidence Act. Admission of Contents in Plaint Does Not Dispense with Examination of Attesting Witnesses for Proving Execution of Will.

The petitioner, original defendant No.1, challenged an order dated 12.9.2012 passed by the 6th Joint Civil Judge, Junior Division, Nashik, in a suit f...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...

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Supreme Court Overturns Judgments in Land Sale Dispute, Citing Fraudulent Agreement. "High Court and Lower Courts' Concurrent Findings on Sale Agreement Deemed Perverse."

The Supreme Court set aside the judgments of the High Court of Punjab and Haryana and the lower courts, finding that the land sale agreement in questi...

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Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...