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Bombay High Court Quashes PMC Resolution to Take Over Private Land Without Compensation — Municipal Corporation Cannot Convert Private Property into Public Road Without Acquisition Under Section 209 of Maharashtra Municipal Corporation Act, 1949....

The Petitioner, a Cooperative Housing Society, owned land bearing Survey Nos. 38 and 39 in Pune. The second Respondent purchased adjoining property (City Survey No. 149) which was landlocked. The Pune...

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Bombay High Court Dismisses Second Appeal in Eviction Suit — Permission of Rent Controller Not Required. The Court held that the C.P. & Berar Letting of Premises and Rent Control Order, 1949 ceased to apply after the tenant vacated and the landlord re-let the premises on a fresh oral lease, making the eviction suit maintainable without prior permission....

The appellant (original defendant) and respondent (original plaintiff) were parties to a suit for eviction. The plaintiff claimed ownership of a constructed portion on Plot Nos. 109/2, 110 and 111/1 a...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits....

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order VII Rule 11(d) read with Section 11 CPC. The defen...

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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement....

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amravati in Spl. C.S. No.337/2010, rejecting the petiti...

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Bombay High Court Allows Petitioner's Application to Recall Witness in Specific Performance Suit — Trial Court's Dismissal of Recall Application Set Aside. Recall of PW-1 for Cross-Examination by Defendants 4 to 7 Permitted Under Order 18 Rule 17 CPC as No Prejudice Caused to Plaintiff....

The petitioner, M/s. Shewalkar Developers Ltd., was the original plaintiff in a suit for specific performance of contract filed before the learned Civil Judge Senior Division, Nagpur. The respondents ...

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Bombay High Court Allows Appeal for Refund of Earnest Money in Sale Agreement Dispute — Lower Appellate Court Erred in Denying Refund Without Evidence of Forfeiture Clause. The court held that in the absence of a forfeiture clause in the agreement, the defendant could not retain the earnest money paid by the plaintiff....

The appellant, Jyoti Adsod, filed a suit for recovery of Rs.70,000 paid as earnest money to respondent no.1, Sindhubai Shende, under an agreement of sale dated 10-12-2000 for a constructed portion on ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Demand of Dowry and Harassment. Evidence of Interested Witnesses and Lack of Corroboration Lead to Acquittal Under Sections 304-B, 498-A IPC and Dowry Prohibition Act....

The State of Maharashtra appealed against the judgment and order dated 27.08.2001 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No.142 of 1998, acquitting all six accused for of...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Appeals Against Conviction Under Section 302 Read with 34 IPC. The Appeals Challenge Conviction Based on Circumstantial Evidence, Including Decomposed Body Identification and Extra-Judicial Confession....

The appeals arose from a conviction by the IInd Additional Sessions Judge, Aurangabad, in Sessions Case No. 246 of 1997, where the accused were found guilty under Section 302 read with Section 34 of t...