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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Dismisses Revision Against Acquittal in Rioting and Grievous Hurt Case Due to Inconsistent Evidence. Material Contradictions Between Oral Testimony and Medical Evidence Create Reasonable Doubt, Upholding Acquittal Under Sections 147, 148, 324, 326 r/w 149 IPC.

The case arises from a criminal revision application filed by Shankar Shivappa Patale (first informant) and Shivraj Shankar Patale (injured) against t...

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Bombay High Court Dismisses Tenant's Revision Against Concurrent Eviction Decrees for Rent Default and Denial of Title Under Maharashtra Rent Control Act, 1999. Tenant's Irregular Rent Payments and Denial of Landlord's Title Justify Eviction Despite Absence of Formal Demand Notice.

The case involves a civil revision application filed by the tenant (Dilip Jasaramji Mali) challenging the concurrent eviction decrees passed by the Sm...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration Due to Failure to Frame Points for Determination. The appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC, and the matter was remanded for fresh disposal.

The original plaintiff (since deceased, represented by his legal heir) filed a suit for removal of encroachment against defendant nos.1 and 2, claimin...

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Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

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Bombay High Court Quashes Pre-Arrest Bail Granted to Accused in Cheating and Forgery Case Involving IT Act — Complainant's Challenge Allowed as Bail Order Was Passed Without Considering Gravity of Offences and Need for Custodial Interrogation.

The judgment pertains to a challenge by the original complainant, Navnit K. Mehta, against an order dated 9.2.2015 passed by the learned Additional Se...

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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified.

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plai...

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Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...