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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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Bombay High Court Dismisses Landlord's Petition Challenging Remand Order in Rent Control Matter. Landlord Held Ineligible for Permission Under Clause 13(3)(vi) of C.P. and Berar Letting of Premises and Rent Control Order, 1949 Due to Availability of Other Suitable Accommodation.

The petitioner, Purushottam Ramlal Shukla, is the landlord of premises at Dharampeth, Nagpur, comprising two rooms admeasuring 22 ft. x 33 ft. let out...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...