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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Supreme Court Dismisses Landlord's Appeal in Rent Control Case Upholding Condonation of Delay. High Court's Order Setting Aside Ex-Parte Eviction Decree and Remanding for Merits Was Found Without Error, as Delay of 175 Days Was Bona Fide Under Section 5 of the Limitation Act, 1963.

The dispute arose from rent control proceedings initiated by the appellant-landlord against the respondent-tenants before the Rent Controller. The evi...

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Bombay High Court Dismisses State Appeal Against Acquittal in Abetment to Suicide Case. Allegations of Harassment and Illicit Relationship Not Sufficient to Prove Offence Under Section 306 IPC.

The State of Maharashtra appealed against the acquittal of Bhagvan Tukaram Bhoir, Bharti @ Kusum Bhagvan Bhoir, and Damodar Nathu Bhoir (respondents) ...

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Bombay High Court Acquits Appellant in Abetment of Suicide Case Due to Lack of Evidence of Instigation. Conviction under Sections 306 and 498A IPC Set Aside as Prosecution Failed to Prove Mens Rea or Active Role in Driving Wife to Suicide.

The appellant, Mahadeo Nivrutti Pawar, was convicted by the II Additional Sessions Judge, Beed, for offences under Sections 306 and 498A of the Indian...

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Bombay High Court Dismisses Petition Challenging Conviction Under Section 48 of MRTU & PULP Act for Unfair Labour Practice. Concurrent findings of fact by Labour Court and Industrial Court upheld as no perversity or illegality shown.

The petitioner, Pandurang Keshav Waghchaure, was prosecuted along with another accused for an offence punishable under Section 48 of the Maharashtra R...

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Bombay High Court Dismisses Landlord's Revision Against Refusal of Eviction Under Rent Control Act — Tenant's Subletting Not Proved. Landlord failed to establish that tenant had sublet the premises without consent under Section 15 of the Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by the landlord, Gulabsingh Jahagirdar, against the refusal of eviction of the tenant, M/s Ambega...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Communidade Property Suit. Order VII Rule 11(a) CPC Application Dismissed as Plaint Disclosed Cause of Action Under Code of Comunidades.

The petitioner, M/s. Zuari Industries Ltd., filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 20th March 200...