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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Allows Claimants' Appeals in Land Acquisition Case for Police Training School — Enhances Compensation from Rs. 150 to Rs. 200 per sq. mtr. Market Value Determined by Comparable Sale Method Under Land Acquisition Act, 1894, with Statutory Benefits of Solatium and Additional Amount.

The case involves appeals under Section 54 of the Land Acquisition Act, 1894, against a common judgment and award dated 08/04/2013 passed by the Refer...

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Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility.

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small...

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Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act.

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. ...

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Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...