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Bombay High Court Allows Appeal Against Refusal of Injunction in Demolition Case — Municipal Corporation's Notice Under Section 354A of MMC Act, 1988 Challenged. Court Held That Trial Court Erred in Not Considering Prima Facie Case and Balance of Convenience, and Directed Status Quo Pending Suit.

The appellant, Sandesh Sonu Gawalkar, filed a civil appeal against an order dated 24 June 2022 passed by the City Civil Court, which refused to grant ...

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Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

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Bombay High Court Dismisses Employer's Petitions Challenging Industrial Court Jurisdiction in Contract Labour Dispute. Court Upholds Industrial Court's Power to Entertain Complaint for Direct Employment and Permanency Under MRTU & PULP Act, 1971.

The judgment concerns two writ petitions filed by Raymond Ltd. challenging the jurisdiction of the Industrial Court to entertain complaints filed by c...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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Bombay High Court Allows Writ Petition in Service Tax Dispute Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 — Petitioner's Declaration Wrongly Rejected as Ineligible. Designated Committee's Notice in Form SVLDRS-3 Quashed for Non-Compliance with Scheme Provisions.

The Petitioner, Ashwini Builders and Developers Pvt. Ltd., a company registered under the Companies Act, 1956, filed a Writ Petition under Article 226...