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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Bombay High Court Hears Land Acquisition References from Talsania Family Against SLAO's Valuation for Acquired Andheri Land; Sale Instance of Vazirani Plot and Deductions for Development Under Scrutiny. Interest on Compensation Restricted to 9% Per Annum by Consent in Related Summary Suits.

The case comprised several land acquisition references filed under Section 18 of the Land Acquisition Act, 1894, seeking enhancement of compensation f...

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Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Supreme Court Partially Upholds Execution of Decree Based on Arbitration Award, Declares Eviction Decree Void Under Rent Control Act. Tenant's Objection to Award Validity Precluded After Decree, But Decree Contravening Section 13(1) of Delhi and Ajmer Rent Control Act, 1952 Held Nullity.

The dispute arose from a landlord-tenant relationship concerning a building in Delhi. The landlord's son resided on the first floor while the tenants ...

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Bombay High Court Hears Appeal Challenging Rejection of Discharge in MCOCA Case. Appeal Raises Issues on Requirement of Pecuniary Benefit and Validity of Approval and Sanction under MCOCA, 1999.

The matter arises from Criminal Appeal No. 930 of 2009 filed before the Bombay High Court under Section 12 of the Maharashtra Control of Organized Cri...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Allows Land Acquisition Appeals for Proper Market Value Determination. Reference Court's award based on averages set aside; matter remanded for fresh consideration of comparable sale instances and prior awards.

The judgment pertains to two First Appeals arising from land acquisition proceedings. The appellants, Dattatraya Ramchandra Chinchalikar through his l...

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Supreme Court Dismisses Appeal Against Impounding of Agreements to Sell Under Maharashtra Stamp Act — Agreements Not Part of Single Transaction, Possession Transferred, Deemed Conveyance Under Explanation I to Article 25 of Schedule I.

The appellants, Shyamsundar Radheshyam Agrawal and another, filed a suit for declaration and injunction in Special Civil Suit No.200 of 2008. During t...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...