Search Results for "Code of Civil Procedure"

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"High Court Decrees Specific Performance; Doctrine of Lis Pendens Applied to Override Subsequent Sale" "Litigation pendente lite affects all subsequent alienations, regardless of notice to the purchaser."

The appeal was dismissed, affirming the High Court’s decision that allowed the specific performance of a sale agreement. The High Court applied the ...

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"High Court Dismisses State's Review Petition for Delay and Lack of Merit" "The Bombay High Court emphasizes that state entities must adhere to timelines and procedural diligence, highlighting the limitations of administrative delay as an excuse."

The Bombay High Court dismissed a review petition filed by the State of Maharashtra and other authorities challenging a previous decision from Novembe...

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"Bombay High Court Orders Interim Relief in Shareholder Dispute" Court mandates security deposit from EbixCash Group to secure arbitration award.

The dispute stems from a Shareholders Agreement (SHA) signed in 2017, requiring the respondents to buy the petitioner's shares. Arbitration proceedin...

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High Court of Bombay Dismisses Appeal on Tenant Protection Under Maharashtra Rent Control Act. Restoration of Rent Control Protection Based on Share Capital Reduction Denied by Court.

The Bombay High Court was tasked with determining whether a company, after losing rent control protection under the Maharashtra Rent Control Act (MRC ...

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High Court Overturns Eviction Decree on Grounds of Bona Fide Requirement. The Bombay High Court rules in favor of tenant after landlord's claim of bona fide requirement for eviction fails.

The Bombay High Court set aside an eviction decree based on the landlord's bona fide requirement claim. The applicant (tenant) challenged both the Tri...

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"High Court of Bombay Modifies Probate Judgment: Letters of Administration with Will Annexed Granted" "A 50-year-old Will dispute resolved with critical emphasis on secondary evidence and suspicious circumstances."

The probate of a Will executed in 1956, the Bombay High Court granted Letters of Administration with the Will annexed, modifying the previous order wh...

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Dispute over Tenancy Rights in Sohni Mansion, Mumbai A civil revision application dealing with the complex issue of tenancy succession under the Bombay Rent Act, 1947, with the High Court deliberating on familial ties and residence claims.

The applicant,  claimed to be the nephew of the original tenant, Dinamai, and argued that he had lived with her as a family member from 1974 until he...

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Writ Petition Dismissed: Appellate and Trial Court Decree Confirmed for Eviction of Defendant from Suit Premises. Legal heirs of the defendant fail to claim protected tenancy under Bombay Rent Act, 1947 after license expiry; Indian Railways ownership claim dismissed as irrelevant.

Writ petition challenging the eviction order passed by the Small Causes Court, the court dismissed the defendant's claim for protected tenancy under S...

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Dispute Over Eviction and Fair Market Rent in License Agreement: Applicability of Atma Ram Properties Principle in Licensee Eviction Cases

The Bombay High Court deliberated on whether a licensee, after the termination of the license agreement, should be directed to pay fair market rent or...

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Amendment in Specific Performance Suit Allowed by Bombay High Court. Rejection of Amendment Reversed by High Court to Prevent Multiplicity of Proceedings and Include Subsequent Developments

The Bombay High Court, in its judgment dated 1 July 2024, allowed the petitioner’s application for amendment in a suit for specific performance. The...