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Bombay High Court Dismisses Petition Challenging Administrative Tribunal Order in Land Dispute. Court upholds concurrent findings that petitioners failed to prove tenancy or ownership over disputed property under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and the Portuguese Civil Code.

The case involves a writ petition filed by the legal representatives of Smt. Jaiwanti Narayan Kamat (since deceased) against an order of the Administr...

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Bombay High Court Allows Landlord's Petition Challenging City Civil Court's Jurisdiction in Landlord-Tenant Dispute Over Open Land. Exclusive Jurisdiction of Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882, Prevails Over Rent Control Act Applicability.

The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes a...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Bombay High Court Dismisses Landlords' Second Ejectment Suit as Barred by Order 22 Rule 9 CPC. Abatement of First Suit Exhausts Rent Controller's Permission and Prevents Fresh Suit Without Fresh Permission.

The case involves a dispute between landlords (appellants) and tenants (respondents) over a suit for ejectment and possession. The original landlord, ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Plaintiff Fails to Prove Title and Possession for Injunction and Recovery of Rent. Suit for Permanent Injunction, Possession, and Recovery of Rent Dismissed as Plaintiff Did Not Establish Ownership or Possession Over Suit Property.

The case involves a second appeal filed by the original plaintiff, Ramchandra Vaman alias Gopal Naik Ganto (since deceased, represented by legal repre...

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Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...