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Bombay High Court at Goa Dismisses Appellant's Appeal in Land Acquisition Apportionment Dispute — Appellant Fails to Prove Co-Tenancy. The court upheld the Reference Court's finding that neither party proved tenancy, and the compensation was payable to the legal representatives of the original respondent....

The case pertains to a land acquisition dispute for the Konkan Railway B.G. Line. A portion of land admeasuring 1285 sq.metres from survey no.61/2 of village Mercurim was acquired. The land was owned ...

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Bombay High Court Dismisses Second Appeal in Rent Control Dispute — Tenant's Rights Upheld Over License Agreement. Court holds that a person in possession for over 15 years as a tenant cannot be treated as a licensee merely by executing a subsequent agreement, and the Rent Control Act protects such tenancy....

The case involves a dispute over a property in Nuvem, Goa. The original plaintiff, Fr. Caitano Piedade Santana Cardoz, filed a suit against the defendant, Francis Borges, seeking compensation for use ...

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Bombay High Court Quashes Punishment in Service Disciplinary Matter Due to Violation of Natural Justice and Lack of Evidence. Petitioner's challenge to penalty of reduction in pay scale succeeds as disciplinary authority failed to provide opportunity of hearing and relied on oral directions without proof....

The petitioner, Vijay s/o Hundappa Wani, was working as Area Manager with National Seeds Corporation Ltd. from July 1991 to June 1999 at Akola. In February 1998, a meeting of Area Managers was held at...

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Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882....

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of the appeal, he sold the suit property to Hanifabe...

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Bombay High Court Allows Wife's Application for Transfer of Divorce Petition from Ahmednagar to Aurangabad on Grounds of Wife's Convenience and Hardship. The Court held that in matrimonial proceedings, the convenience of the wife is paramount and transfer is warranted to avoid hardship when the wife has no male escort and faces difficulty traveling alone....

The applicant, Pramela Madhav Yeshwant, wife of the respondent Madhav Radhakishan Yeshwant, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marria...

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High Court Dismisses Eviction Suit in Landlord-Tenant Dispute Due to Insufficient Evidence of Alternate Accommodation. Concurrent Findings Confirmed that Landlord's Bonafide Requirement for Occupation was Established Under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The dispute involved two Civil Revision Applications concerning eviction proceedings under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The applicants, Rajaram Keshav Dhobi and N...

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Bombay High Court Sets Aside Discharge of Accused in Company Complaint Without Application or Hearing. Discharge of accused nos.2 to 5 under Companies Act, 1956 set aside for violating natural justice as no discharge application was filed and no opportunity was given to the complainant....

The appeal challenges the judgment and order dated 18th December 2009 of the learned Company Judge discharging accused nos.2 to 5 in Company Complaint No.8 of 2001 under the Companies Act, 1956. The a...

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Bombay High Court Dismisses Petition Challenging Dismissal of Application to Set Aside Ex-Parte Decree in Recovery Suit — Service of Summons Held Valid Despite Defendant's Absence in Kuwait....

The petitioner, Jose Sarat Paes, challenged the judgment and order dated 23/3/2010 passed by the Adhoc Additional District Judge-2, FTC II, Margao in Miscellaneous Civil Appeal no.79 of 2010 and the j...

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Bombay High Court Quashes Trial Court Order Allowing Amendment Due to Lack of Reasons — Matter Remanded for Fresh Consideration. Writ petition challenging amendment order allowed as trial court failed to assign any reasons, violating the requirement of a reasoned order under Order VI Rule 17 CPC....

The petitioners, Smt. Savita Morajkar, Smt. Sarita Morajkar, and Shri Raghunath Shashikant Morajkar, through their Power of Attorney Shri Shashikant Raghunath Morajkar, filed a writ petition in the Bo...

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Bombay High Court Allows Revenue Appeal in Income Tax Case on Lease Rental Deduction for Idle Machinery. Business decision to keep dozers idle and pay lease rentals without use held not allowable as expenditure under Section 37(1) of Income Tax Act, 1961....

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) which had allowed the assessee's claim for deduction of lease rentals amounting to Rs.25,90,448/- for three dozers th...