Bombay High Court

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Bombay High Court Allows Landlord's Petition in Rent Control Dispute — Tenant's Claim of Tenancy Rejected Due to Lack of Evidence. Court holds that mere payment of rent does not establish tenancy without proof of landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioner, a trust represented by its trustees, is the landlord of Flat No.2 on the 1st floor of Patel Building in Dadar, Mumbai. The respondent claimed to be a tenant of the premises. The petiti...

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Bombay High Court Allows MCGM Appeal in Property Tax Assessment Case — Land Under Construction Held Assessable as 'Land' Under Section 154 of Mumbai Municipal Corporation Act, 1888. The Small Causes Court erred in holding that land under construction cannot be assessed until building is complete....

The Bombay High Court allowed the appeal filed by the Municipal Corporation of Greater Mumbai (MCGM) against the judgment of the Small Causes Court at Bombay in Municipal Appeal No. 165 of 1999. The d...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Conviction Set Aside Due to Gaps in Chain of Circumstances. Failure to Prove Motive and Last Seen Theory Beyond Reasonable Doubt Leads to Benefit of Doubt Under Indian Penal Code, 1860 Sections 302, 201, 120B....

The appellant, Vrishal Madhukar Kalane, was convicted by the trial court under Sections 302, 201, and 120B of the Indian Penal Code, 1860, for the murder of one person and causing disappearance of evi...

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Bombay High Court Allows Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Found to Be in Conflict with Public Policy and Patent Illegality. The Court held that the Arbitral Tribunal's interpretation of the contract was perverse and ignored the express terms, leading to a miscarriage of justice....

The dispute arose out of a contract between ABB India Limited (Petitioner) and Sunil Hariram Jaisingh and Others (Respondents) for the supply and installation of electrical equipment. The contract con...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960....

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law amendments concerning respondent no. 3, Apeksha C...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession or ouster, and the suit for partition was not barred by limitation under Article 65 of the Limitation Act, 1963....

The case involves a second appeal filed by the original defendant no. 2 (since deceased, represented by his legal heirs) against the judgment and decree of the first appellate court which confirmed th...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights....

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside the trial court's decree in their favor. The appel...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence....

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and decrees passed by the trial court and the first appe...

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High Court Grants Interim Relief to Advertisement Agency in Arbitration Dispute Over Hoarding Construction Agreement. The court found a prima facie case and balance of convenience in favor of the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996....

The petitioner, Adtrack Media LLP, an advertisement agency, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures before the commencement of arbitral...