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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Dismisses Writ Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Entitlement as Requisition Was for Public Purpose and No Unauthorized Use Proven.

The Petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition under Article 226 of the Constitution before the Bomb...

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Bombay High Court Dismisses Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Bona Fide Need for Own Use and Acquiesced to Requisition for Over Two Decades.

The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3...

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Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

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Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

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Bombay High Court Dismisses Writ Petition in Tenancy Dispute — Petitioner Fails to Prove Will and Default in Rent Payment. The court held that the petitioner, claiming as a legatee under a will, must prove the will and the tenant's default; mere mutation entry does not confer ownership.

The petitioner, Subhash s/o Pandurang Bagal, filed a writ petition challenging the order of the Maharashtra Revenue Tribunal, Aurangabad, dated 14th O...