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Title Dispute Over Suit Property – Second Appeal Allowed – Lower Court Findings Reversed. High Court set aside concurrent findings of the Trial and First Appellate Court – Plaintiff failed to establish ownership through title deeds – Revenue records do not confer title – Suit for injunction without proving ownership not maintainable – Appeal dismissed....

High Court correctly held that plaintiff’s documents did not prove ownership. Revenue records are not conclusive proof of title. Oral partition claim not substantiated by documentary evidence. Plain...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated....

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constitute criminal contempt. Frivolous PILs should be di...

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Arbitration Award Upheld on Waste Collection Contract Dispute. High Court Upholds Arbitral Award on Price Escalation, Waste Segregation, and Jurisdiction in Municipal Waste Management Contract...

Arbitration Jurisdiction – The High Court held that the arbitration clause in the original contract covered the Ghansoli Area, which was later merged into Parimandal II. The ad hoc agreement for Gh...

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Bombay High Court, Aurangabad Bench – Transfer and Posting Modification of RTOs Quashed – Judicial Review Invoked for Arbitrariness. Government Resolution modifying RTO postings without assigning reasons held arbitrary – Tribunal’s decision upheld – Judicial review permissible in absence of procedural fairness....

Transfer and posting orders must be reasoned and follow established administrative norms; otherwise, they are subject to judicial review. Held: The modification of posting without assigning reasons w...

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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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Supreme Court Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction...

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The absence of direct testimony from the victim does not...