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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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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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Bombay High Court Allows Municipal Corporation's Appeal in Town Planning Dispute Over Demolition Notices. Notices Under Sections 78 and 79 of Bombay Town Planning Act Held Valid Against Alleged Unauthorized Construction.

The case involves a Letters Patent Appeal filed by the Municipal Corporation of Greater Bombay against the judgment of a Single Judge in First Appeal ...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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Bombay High Court Allows Landlord's Writ Petitions in Eviction Case Based on Bona Fide Need. Appellate Court's reversal of eviction decrees set aside for ignoring settled legal principles regarding landlord's bona fide need under Section 13(1)(g) of the Maharashtra Rent Control Act, 1999.

The petitioner, Nilkanthrao Raghunathji Chute, is the landlord of a building known as 'Sai Sadan' in Nagpur, which contains four shops on the ground f...