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High Court of Karnataka Hears Two Regular First Appeals Filed Against Trial Court Judgments in Property Dispute. Appeals Challenge Dismissal of Declaration Suit and Decree of Partition Suit Based on Conflicting Gift Deeds and Succession Claims.

The High Court of Karnataka took up two Regular First Appeals (RFA No.1285/2008 and RFA No.731/2014) for common disposal, arising from two original ci...

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Bombay High Court Dismisses Revision Against Eviction Decree for Unlawful Subletting and Rent Default. Tenant's Claim of Assignment of Tenancy Rights Fails for Lack of Consent of Landlord and Non-Production of Evidence.

The case involves a civil revision application filed by Ratnadeep Shankar Narkar (Applicant/Defendant No.2) challenging the judgment and decree dated ...

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Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

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Madras High Court Allows Appeal in Recovery Suit Filed by Newspaper Publisher Against Advertising Agency for Unpaid Bills. Court Decrees Suit for Principal Amount with Interest at 6% Per Annum.

The appellant, Kasturi and Sons Ltd., publisher of 'The Hindu' and other publications, filed a suit for recovery of Rs.10,03,322.50/- against the resp...

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Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Benami Transaction Not Proved. Suit for declaration and possession decreed as plaintiff established title through sale deed and possession, while defendant failed to prove that property was purchased benami in plaintiff's name.

The appellant-defendant Mahadev filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the concurrent judgment...

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...