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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Maintainability of Appeal Before District Court in Divorce Case. Legal Fiction Under Article 317 of Portuguese Civil Procedure Code Does Not Confer Exclusive Appellate Jurisdiction on High Court for Divorce Proceedings.

The petitioner, Adolfo Joildo Felix Rodrigues, filed a writ petition before the Bombay High Court at Goa challenging the order dated 12/10/2012 passed...

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Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

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Bombay High Court Dismisses Appeal in Property Dispute, Upholds Trial Court's Refusal to Vacate Injunction. Court holds that a tenant cannot be dispossessed without due process of law and that the trial court's order refusing to vacate ad-interim injunction was not perverse.

The appeal arose from a judgment and order dated 24th June 2004 passed by the learned trial Judge on Applications at Exh.5 and Exh.36 in Special Civil...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...