Bombay High Court

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Bombay High Court Allows Owner's Impleadment in Licensee's Suit Against Municipal Corporation for Demolition. Owner is a necessary party under Order I Rule 10 CPC as the suit directly affects the owner's right to property and the owner has a right to be heard before any order affecting his property is passed....

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict of views among single judges regarding whether the owner of a property is a necessary or proper party in ...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882....

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mortgage by conditional sale. They alleged that they...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% negligent for accident with car, reducing claimants' compensation proportionately under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the legal heirs of Jayant Bagal, who died in a collision between his motorcycle and an Indica car on 31 July 2012. The claimants sought compensatio...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999....

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challenging the judgment and order dated 20 December 2022...

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Bombay High Court Dismisses Revision Against Eviction Decree in Tenancy Dispute — Subletting and Bonafide Requirement Established. The Court upheld findings that the tenant sublet premises without consent and that the landlord's family of 11 members required additional space, confirming eviction under the Maharashtra Rent Control Act, 1999....

The case involves a civil revision application filed by Ajay Mahasukhlal Shah (applicant/defendant no.2) challenging the judgment and order dated 18/02/2020 of the Small Causes Court, Mumbai, which di...

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Bombay High Court Dismisses Revision Against Eviction Decree for Subletting Under Maharashtra Rent Control Act. Landlord Proved Subletting as Tenants Had No Control Over Suit Shop and Sub-Tenants Were in Exclusive Possession Under Section 16(1)(e)(ii) of M.R.C. Act....

The case involves a civil revision application filed by the original defendants (applicants) against the judgments and decrees of eviction passed by the trial court and confirmed by the appellate cour...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence....

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The plaintiffs filed a suit for declaration of title and...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment....

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment upon his land Gut No.79. The plaintiff claimed tha...

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Bombay High Court examines writ petition challenging District Deputy Registrar's deemed conveyance order under Section 11 of MOFA. Petition alleges order was ex parte and granted excess lands CTS Nos.1314 and 1287 based on fabricated certificates, prompting request to revoke redevelopment permission....

The matter arose from a writ petition filed before the Bombay High Court under Articles 226 and 227 of the Constitution of India by a cooperative housing society challenging an order of the District D...