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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...

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High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

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Bombay High Court Upholds Interim Injunction Against Newspaper in Defamation Suit. Court Restrains Publication of Defamatory Articles About Plaintiff and Family Pending Trial, Holding That Per Se Defamatory Statements Without Justification Cannot Be Published.

The plaintiff, Gokulchand Govindlal Sananda, filed Regular Civil Suit No.17 of 2013 seeking damages of Rs.25,00,000 for per se defamatory publications...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows Exhibition of Insufficiently Stamped Agreement to Sale Subject to Payment of Stamp Duty and Penalty — Section 34 of Bombay Stamp Act, 1958 Does Not Bar Exhibition for Collateral Purpose

The petitioner, original plaintiff, filed Special Civil Suit No.904 of 2005 for specific performance of an agreement to sale dated 31-1-2005 in respec...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition Compensation — Upholds Concurrent Findings on Entitlement to Compensation Under Land Acquisition Act, 1894. Claimants Failed to Establish Title or Possession Over Acquired Land, and Their Challenge Was Barred by Delay and Laches.

The petitioners, Bansrajidevi and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12/6/1986 p...

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Bombay High Court Dismisses Appeal by YES Bank in Shareholder Dispute Over Board Control and Share Transfer. Court upholds interim order restraining transfer of shares and appointment of directors pending final disposal of suit.

The present appeal arises from an interim order passed by a learned Single Judge of the Bombay High Court in a suit filed by the respondents (original...