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Bombay High Court Dismisses Petition Challenging Rejection of Secondary Evidence in Specific Performance Suit. Conditions under Section 65 of Indian Evidence Act, 1872 for leading secondary evidence were not satisfied as plaintiffs failed to prove loss of original document and did not issue notice to produce....

The petitioners, original plaintiffs in Regular Civil Suit No. 120/2006, filed a suit for specific performance of an agreement to sell dated 21.12.1976 concerning land S.No.70/D (G.No.129) at village ...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights....

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the suit in favour of the plaintiff (Court Receiver) ...

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Bombay High Court Dismisses Writ Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Confirmation of Permanent Employment Denied Due to Lack of Evidence of Certification of Standing Orders....

The Petitioners, Suresh R. Kandut and another, filed a Writ Petition in the Bombay High Court challenging the Judgment and Order dated 7th April, 2008 passed by the Industrial Court, Mumbai in Complai...

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Bombay High Court Allows Production of Substitute Survey Report in Pending Suit Due to Witness Incapacity — Order VIII Rule 1A CPC. The court held that inability of a witness to depose due to illness is a valid ground for permitting production of a substitute document, and the trial court's refusal caused serious prejudice to the defendant....

The petitioner, Confrarias Reunidas Da Igreja De Panjim, represented by its constituted attorney Olavo Dias, filed a writ petition challenging the order dated 19.6.2010 passed by the Civil Judge Senio...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Capital Gains Tax Case — Land Held Agricultural Despite Sale to Resort Developer. The court affirmed that the land's actual agricultural use and revenue classification, not its potential for non-agricultural use, determine its character for exemption under Section 45 of the Income Tax Act, 1961....

The case involves two tax appeals by the Commissioner of Income Tax against the respondents, Smt. Debbie Alemao and Shri Joaquim Alemao, who were co-owners of a land bearing survey no. 126 admeasuring...

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Bombay High Court Hears Appeals Arising from Conviction and Acquittal in Sessions Case Involving Multiple Offences under IPC and Arms Act. The case pertained to a fatal group clash in village Upale resulting in two homicidal deaths and injuries to several others....

The Bombay High Court heard a batch of criminal appeals arising from the judgment of the Additional Sessions Judge, Sindhudurg-Oros in Sessions Case No.44 of 1999 dated 30th April 2002. The trial cour...

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Bombay High Court Dismisses Revision Against Order to Deposit Arrears in Eviction Suit Filed by Trust Against Former Employee. Court Holds That Small Cause Court Has Jurisdiction Over Eviction Suits Filed by Landlords Against Licensees Under Maharashtra Rent Control Act, 1999....

The respondents, as trustees of M.F. Cama Ahornan Institute and M.M. Cama Education Fund, filed L.E. Suit No.96/143 of 2008 in the Court of Small Causes at Bombay for eviction of the defendant (the re...

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Bombay High Court Allows Revision Petition in Land Acquisition Reference — Dismissal on Technical Grounds Set Aside. Non-Joinder of Acquiring Body Not Fatal and Failure to Adduce Evidence Not Ground for Rejection Under Section 18 of Land Acquisition Act, 1894....

The revision petitioner, Nagnath s/o Mallikarjun Waze, was the owner of land Survey No. 187 admeasuring 0.14 R situated at Tuljapur, District Osmanabad. The land was acquired by the State of Maharasht...