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Bombay High Court Upholds Remand to Appellate Court in Rent Control Eviction Case — Right of Appeal Not Violated. Partial Eviction Requirement Under Section 16(2) of Maharashtra Rent Control Act, 1999 Must Be Considered by Appellate Court.

The appellant, Ramesh Danchand Waswani, a tenant of premises owned by respondent Yusufbhai Mukhtar Amir Varawalla, faced eviction proceedings under th...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

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Bombay High Court Dismisses Port Trust's Appeal for Recovery of Dock Charges Against Shipping Agent. Agent Not Liable as Bailor for Importer's Unpaid Wharfage and Demurrage Under Major Port Trusts Act, 1963.

The Board of Trustees of the Port of Bombay (Appellant) filed Suit No.2527 of 1989 against Nav Bharat Trading Co. (first defendant) and Forbes Gokak L...

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Bombay High Court Allows Second Appeals in Land Suit Based on Adverse Possession and Limitation. Concurrent findings of possession and limitation reversed as courts below misapplied Article 65 of the Limitation Act, 1963 and failed to consider that the suit was barred by limitation.

The case involves two second appeals filed by two brothers, Vijay and Yashwant Gaikwad, challenging a common judgment and decree dated 7.12.2010 passe...

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Bombay High Court Upholds Scrutiny Committee's Invalidation of Halba Tribe Claim for Brothers in Service. Caste Certificate Cancellation Upheld Due to Lack of Evidence of Community Acceptance and Affinity, with Directions for Discharge and Recovery.

The petitioners, Ramesh and Vilas Majrikar, real brothers, were employed in government service based on caste certificates claiming they belong to the...

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Bombay High Court Dismisses Challenge to 50% Women Reservation in BMC Elections — Amendment to Section 5A of BMC Act Upheld as Valid Policy Decision. Reservation for Women in Local Bodies Permissible Under Article 243T and Not Violative of Basic Structure.

The petitioner, Kapoorchand Durgaprasad Gupta, filed a writ petition under Article 226 of the Constitution of India challenging the amendment to Secti...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Dismisses Petition Challenging Appointment of Handwriting Expert in Partition Suit — Earlier Rejection of Similar Application Does Not Bar Appellate Court from Allowing Fresh Application Under Order 26 Rule 10A CPC.

The case arises from a partition suit filed by Respondent No.1 (original Plaintiff) against the Petitioners (original Defendants) concerning ancestral...

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Bombay High Court Allows Writ Petition for Deemed Promotion in Seniority-Cum-Merit Dispute. Petitioners Denied Promotion Despite Being Senior to Juniors Who Were Promoted, Violating Employment Service Rules 1983.

The case involves three petitioners, Manik Kisanrao Dongre, Gangadhar Haribhau Patil, and Kashinath Shivba Khillare, who were employees of the Mahatma...