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Gujarat High Court Allows Appeal in Tenancy Dispute, Remands Suit for Fresh Consideration Due to Procedural Irregularities. Trial Court's Failure to Consider Evidence and Frame Issues Vitiated the Judgment Under Section 96 of Code of Civil Procedure, 1908.

The case involves a first appeal filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.04.2024 pas...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

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Bombay High Court Quashes Process Issued by Magistrate in Private Complaint for Lack of Application of Mind. Magistrate failed to consider police report indicating civil dispute and mechanically issued process under Sections 323, 504, 506(ii), 427 read with 34 IPC.

The applicants, Raosaheb Murlidhar Ahire and another, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) be...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Witnesses and Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Alpesh Tembhurne, was convicted by the Additional Sessions Judge, Wardha, for the murder of Shashank Karwade under Section 302 IPC and ...

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Bombay High Court Alters Conviction from Murder to Culpable Homicide in Sudden Quarrel Case. Appellant Acquitted of Attempt to Murder Due to Unreliable Evidence.

The appellant, Janardan @ Shankar Tukaram Baing, was convicted by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 27 of 2011 for offence...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Upholds Concurrent Findings for Specific Performance. Concurrent findings of fact under Section 100 of Code of Civil Procedure, 1908 cannot be interfered with in second appeal as no substantial question of law arose.

The appellants, as plaintiffs, instituted Special Civil Suit No.72 of 2014 seeking possession of suit lands. They claimed that vide two agreements dat...

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Bombay High Court Allows Appeals for Enhanced Compensation in Land Acquisition for Playground. Market Value Fixed at Rs. 100 per sq.mtr. Based on Comparable Sale Deed, with Solatium and Interest Under Land Acquisition Act, 1894.

The case involves two appeals arising from a common land acquisition notification for a children's playground in Pimpri-Chinchwad. The land, admeasuri...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Subletting Without Landlord's Consent. Subletting of Suit Premises to Third Party Without Consent of Landlord Justifies Eviction Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hari Pandurang Patil, was a tenant in a house property bearing CTS No.2121/43 situated at Navi Peth, Jalgaon, which was the ancestral ...