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Bombay High Court Allows Landlords' Petition in Rent Control Case — Reverses Appellate Order Dismissing Eviction Suit. Landlords' Bonafide Need for Demolition and Reconstruction Established Under Section 13(1)(hhh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, who are the landlords of the suit premises, filed a writ petition challenging the judgment and order of the District Judge, Solapur, ...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Allows Revenue's Appeal in TDS Dispute — Storage Charges for Hiring Tanks Constitute Rent Under Section 194I. Payment for use of storage tanks for imported edible oil is 'rent' under Section 194I of the Income Tax Act, 1961, requiring TDS at 20%, not 2% under Section 194C.

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) relating to t...

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Bombay High Court Dismisses Revenue's Appeal in TDS Classification Dispute. Storage Charges for Hiring Tanks Held to Be 'Work' Under Section 194C, Not 'Rent' Under Section 194I of Income Tax Act, 1961.

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) regarding the...

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Bombay High Court Dismisses Writ Petition of Bharat Petroleum in Eviction Suit — Concurrent Findings of Valid Tenancy Termination and Mesne Profits Upheld. Small Causes Court Had Jurisdiction Under Presidency Small Causes Courts Act, 1882 and Maharashtra Rent Control Act, 1999.

The petitioner, M/s. Bharat Petroleum Corporation Limited (defendant), challenged the judgment and decree dated 30th January, 2002 passed by the Court...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Suit for Specific Performance and Cancellation of Sale Deed. Order VII Rule 11 CPC Application Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Limitation.

The present appeal was preferred by the appellants, original plaintiffs, under Section 96 of the Code of Civil Procedure, 1908, against the impugned J...