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Bombay High Court Dismisses Writ Petition Against Trial Court's Rejection of Witness Summons to Adversary in Partition Suit. Trial Court's Order Upheld That a Party Cannot Call Its Adversary as Its Own Witness Under Order XVI Rule 1 and Rule 21 of Code of Civil Procedure, 1908.

The litigation arose from a suit for partition, possession and perpetual injunction instituted by the original plaintiffs, whose predecessor Digambar ...

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Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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Supreme Court Upholds NCDRC Finding of Deficiency of Service in Hotel Swimming Pool Death — Duty of Care Owed by Hotel Management to Guests Using Pool Facilities. Assigning Lifeguard Additional Bartending Duties Constitutes Breach of Duty Under Consumer Protection Act, 1986.

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 April 2015, which held the Kerala Tourism De...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Dismisses Municipal Corporation's Petition Challenging Labour Court's Reinstatement Order for Daily Wager. Termination Without Inquiry and Non-Compliance with Section 25-F of Industrial Disputes Act, 1947 Renders Dismissal Void.

The petitioner, a Municipal Corporation, challenged the judgment and order dated 10.03.2008 passed by the 3rd Labour Court, Mumbai in Reference (IDA) ...

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Bombay High Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding. Deceased motorcyclist hit by tempo from behind; court holds tempo driver solely negligent, enhances compensation to Rs.2,58,44,336/- with 9% interest.

The appellants, legal representatives of the deceased Anil Yadav, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Bombay High Court Allows Landlord's Eviction Petition for Bonafide Need Under Maharashtra Rent Control Act. Appellate Court's Order Set Aside as It Erroneously Mixed Bonafide Need with Demolition Requirement.

The petitioner, Rajendrakumar Sharandas Sharma, a retired Sub Divisional Officer, filed a suit for eviction against the respondent tenant, Shrikrushna...