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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...