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SECOND APPEAL NO.538 2005

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Bombay High Court Hears Writ Petitions Challenging Appellate Officer's Order Under Maharashtra Housing & Area Development Act. The Judgment Text Is Truncated and Does Not Contain the Court's Final Disposition or Legal Findings.

The Mumbai Building Repairs and Reconstruction Board, a unit of the Maharashtra Housing and Area Development Authority (MHADA), filed a series of eigh...

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Bombay High Court Upholds Eviction Decree on Ground of Unauthorized Subletting in Small Causes Court Appeal. Tenant's claim of club membership occupancy fails as evidence shows exclusive possession by third parties without landlord's consent.

The petitioner, Louis Lobo, was the defendant in a rent suit filed by the original plaintiffs, Mohamed Yusuf Moosa and subsequently Parasmal Keshrimal...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Division Bench Upholds Maintainability of Letters Patent Appeal in Tenancy Dispute Against Order of Single Judge. The Court Applies Full Bench Test to Determine that Facts Justify Invocation of Article 226, Making Appeal Maintainable Under Clause 15 of Letters Patent.

The appeal arose from a writ petition filed by the appellants (legal representatives of original tenants) challenging the Maharashtra Revenue Tribunal...

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High Court Issues Directions in Slum Rehabilitation Writ Petitions; Expresses Grave Concern Over Alleged Fraud. No Final Verdict; Ongoing Investigation into Trafficking of Tenements and Non-Fixation of Transit Rent Under SRA Circular.

The Bombay High Court issued a detailed common order in a batch of writ petitions filed by slum dwellers of the Kolekalyan Slum Rehabilitation Authori...

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Bombay High Court Dismisses Petitioner's Challenge to Revisional Order in Tenancy Dispute Over Inam Lands. Delay and Lack of Substantial Grounds Justified Dismissal of Revision Application Under Maharashtra Tenancy and Agricultural Lands Act.

The petitioner, Nivratti Namdeo alias Laman Rathod, filed a writ petition challenging an order dated 3.5.1991 passed by the Additional Commissioner, A...