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Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Dismisses Appeal Against Consent Decree as Not Maintainable Under Section 96(3) CPC. Appeal Against Consent Terms Recorded Under Order 23 Rule 3 CPC Is Barred by Law.

The case involves an appeal filed by Girja Shankar G. Gupta and others against an order of a learned Single Judge of the Bombay High Court dated 18 Ju...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Quashes Orders Denying Protected Tenant Statutory Ownership Under Section 38E of Hyderabad Tenancy and Agricultural Lands Act, 1950. Deemed Purchase Not Defeated by Alleged Refusal of Possession or Compromise by Some Legal Heirs; Compliance with Section 32 Mandatory for Surrender.

The dispute involves a protected tenancy over agricultural land under the Hyderabad Tenancy and Agricultural Lands Act, 1950. The original tenant, Mal...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...