Search Results for "second petition maintainability"

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Bombay High Court Upholds Eviction Decree Against Tenant for Default in Rent Payment and Landlord's Bonafide Need. Standard Rent Fixation Upheld Despite Tenant's Challenge Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Balasaheb Anantrao Bahirat, was a tenant in premises owned by the respondent, Rohidas Bapusaheb Tupe. The respondent landlord filed ev...

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High Court of Judicature at Bombay Quashes Trial Court Decree in Possession Dispute Under Section 6 of Specific Relief Act, 1963. Finding of Possession and Dispossession Held Perverse Due to Contradictory Evidence and Absence of Proof.

The High Court of Judicature at Bombay heard a writ petition under Article 227 of the Constitution of India challenging the judgment and decree dated ...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013.

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with responden...

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Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101.

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbe...

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Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...