Search Results for "Civil Suits"

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Landlord’s Bonafide Requirement Prevails Over Tenant’s Hardship in Eviction Proceedings. Expanding business needs supported by law favor landlord’s claim over tenant’s possession.

The Bombay High Court upheld the eviction decree passed by the Trial and Appellate Courts, affirming the landlord's bonafide requirement for the premi...

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Petitioner’s Plea for Discharge in Land Conspiracy Dismissed by Bombay High Court. Court affirms prima facie evidence of land fraud and conspiracy involving government land.

The Bombay High Court dismissed a writ petition filed under Section 482 of Cr.P.C. and Article 227 of the Constitution. The petitioner, an advocate, w...

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"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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Legal Examination of Civil Suit Admissibility Without Pre-Notice: A Conflict of Judicial Views. Court Clarifies Requirement of Section 115 Notice Under the NIT Act for Civil Suits Against Public Bodies.

This case revolves around whether a civil suit can be filed against the Nagpur Improvement Trust (NIT) without first issuing a notice as required unde...

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Delay in Bringing Legal Heirs on Record Condoned: First Appellate Court's Decision Upheld. The Bombay High Court upheld the First Appellate Court’s decision to condone delay in bringing legal heirs on record, emphasizing the importance of tenancy issues in determining civil suit proceedings.

Two petitions challenged the orders passed by the First Appellate Authority in 2022 concerning delay in bringing legal heirs on record after the death...

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Writ Petition Dismissed: No Relief for Non-Conveyance After 36 Years. High Court of Bombay Dismisses Petition for Quashing Deemed Conveyance Order, Upholds Society's Right.

The Bombay High Court dismissed the petition challenging the deemed conveyance granted to Oasis CHS Ltd. under the Maharashtra Ownership Flats (Regula...

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Supreme Court Upholds Inherent Powers of Courts to Recall Insufficiently Stamped Evidence. Key Judgment on the Reassessment of Admitted Documents in Civil Proceedings to Prevent Revenue Loss

This civil appeal addresses whether a court can recall the admission of an instrument as evidence, which was marked as an exhibit despite being insuff...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Court Dismisses Plaintiff's Application for Decree on Admission in Property Dispute. Lack of clear and unequivocal admissions by Defendants leads to rejection; Trial Court directed to expedite proceedings within one year.

The Plaintiff sought a decree on admission under Order XII Rule 6 of the Civil Procedure Code (CPC), based on alleged admissions by the Defendants reg...