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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Electricity Duty on Captive Consumption — Industrial Consumers Not Entitled to Exemption Under Section 3(1)(b) of Goa Electricity Duty Act, 1985 as Self-Generated Electricity Not Supplied by Licensee or Generating Company.

The petitioners, a group of industrial companies and their directors, filed a writ petition under Article 226 of the Constitution of India before the ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...