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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Gujarat High Court Allows Petition Challenging Demolition of Residential Structures Without Notice Under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 2012. Demolition Without Prior Notice and Hearing Violates Principles of Natural Justice and Article 300A of the Constitution.

The petitioners, Kureshi Irfanbhai Mohammadsharifbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India bef...

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Bombay High Court Dismisses State's Application for Condonation of Delay in Filing Revision Against Eviction Decree. Inordinate delay of over 4 years not sufficiently explained despite government status and pandemic.

The State of Maharashtra and the Commissioner of Police filed an Interim Application seeking condonation of delay of 1 year and 300 days in filing a C...

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Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

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Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

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Bombay High Court Adjudicates Civil Revision Application Against Plaint Rejection in MHADA Redevelopment Dispute. Tenants Challenge Jurisdiction of Small Causes Court Under Maharashtra Rent Control Act and MHADA Act.

The case involved multiple civil revision applications filed by tenants of Laxmi Building, Mumbai, before the High Court of Judicature at Bombay, chal...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...