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Eviction Suit on Grounds of Bonafide Requirement under Maharashtra Rent Control Act, 1999. Landlord’s Right to Evict Tenant for Bonafide Requirement Upheld – Unregistered Rent Agreement Not a Bar to Eviction...

Bonafide Requirement – The landlord (Plaintiff) sought eviction of the tenant (Defendant) on the grounds of bonafide requirement under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, st...

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Applicability of Coastal Regulation Zone (CRZ) Restrictions – Leasehold Property – Market Valuation – Stamp Duty Deficit – Maharashtra Stamp Act, 1958...

A recital affecting market value must be expressly mentioned in the instrument itself or clearly referenced in an annexure to be considered for stamp duty assessment. Leasehold expiry does not automat...

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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. ...

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial Court's Adjudication – Prejudice to Defendant �...

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Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance...

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corresponding obligations. Company law mandates refund...

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High Court of Judicature at Bombay – APMC Board’s Resolution on Financial Authority & Secretary’s Charge Held Invalid. Rule 108(2) of Maharashtra APMC Rules – Financial Authority Confined to Chairman, Vice-Chairman & Secretary – Board Unauthorized to Assign Banking Powers – Resolution Against Law...

Rule 108(2) must be strictly construed – Financial control within APMC is vested in specific office bearers to ensure accountability. Chairman and Vice-Chairman cannot refuse statutory duties – Av...

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Challenge to 10% Weightage for GATE Score in Recruitment Process. Constitutional Validity of GATE Score Weightage in Public Sector Recruitment – Bombay High Court Quashes Unconstitutional Conditions...

GATE Score Weightage – Petitioners challenged the 10% weightage given to the Graduate Aptitude Test in Engineering (GATE) score in the recruitment process for Graduate Engineer-Trainee (Distributio...

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Bombay High Court dismissed writ petitios challenging notices under Section 153C of the Income-Tax Act, 1961, ruling that disputed questions of fact regarding incriminating material, limitation, and jurisdiction should be agitated before appellate authorities....

Income-Tax Act, 1961 – Section 153C – Limitation, Jurisdiction & Incriminating Material – Writ Petition Not Maintainable The writ petition was not maintainable, as disputed factual issues ...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously...

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, extending up to life imprisonment for the remainder ...

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High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India...

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and laches. The petitioner’s failure to challenge th...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction....

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P. Ltd., 1990 Supp SCC 727). An unregistered Agreeme...