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Bombay High Court Dismisses Petition for Recasting of Issues in Tenancy Suit — No Error in Trial Court's Discretion. The Court held that the trial court's refusal to recast issues under Order XIV Rule 5 CPC was not perverse or arbitrary, as the proposed issues were already covered by existing issues.

The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tena...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

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Bombay High Court Allows Transfer of Suit from Kolhapur to Bombay Due to Applicant's Ill Health and Respondent's Alternate Address. Transfer Granted Under Section 24(1)(b)(i) CPC as Balance of Convenience Favored Applicant, Who Was 76 and Suffering from Diabetes, While Respondent Had a Mumbai Address.

The applicant, Shri Ganpat D. Kulthe, aged 76 and a retired individual suffering from diabetes, filed a Miscellaneous Civil Application under Section ...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Order Under Goa Rent Act. Landlord's Bonafide Need for Personal Occupation Upheld as Genuine and Based on Evidence.

The petitioners, Michael Anthony William Gareth and Amelia Gareth, were tenants in a house bearing Municipal no. 73, Panaji, Goa, which was acquired b...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...