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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court of Bombay Disposes Cross Appeals from Trial Court's Injunction Order in Suit for Demolition and CRZ Declaration; Construction in CRZ Not Entitled to Completion Certificate Though Demolition Restrained When Built Per Sanctioned Plan.

The dispute arose from a notice dated 7th February 1998 issued by the Municipal Corporation of Greater Bombay under Section 354A of the Mumbai Municip...

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Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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High Court of Karnataka Allows Impleadment of Subsequent Purchaser in Partition Suit Appeal — Order I Rule 10 CPC. Subsequent purchaser held to be necessary and proper party to appeal under Order I Rule 10 of Code of Civil Procedure, 1908.

The petitioner, Sri Basavaraj @ Madhu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12...

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High Court of Karnataka Hears Second Appeal Against Concurrent Findings of Lower Courts in Suit for Declaration of Title and Possession. Dispute Involves Validity of Registered Will and Claim of Daughter as Class I Heir Over Ancestral Properties.

The dispute concerns an original suit for declaration of title and possession of agricultural and residential properties. The plaintiff claimed to be ...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...