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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Bombay High Court Allows Landlord's Eviction Petition and Dismisses Tenants' Petition in Agricultural Tenancy Dispute. Landlord's bonafide need for personal cultivation under Section 33B and default in rent under Section 25 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 upheld.

The judgment concerns two writ petitions arising from agricultural tenancy disputes over the same suit property. The landlord, Tukaram Maruti Dubal, f...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Upholds Disqualification of Councillors for Defection Under Maharashtra Local Authorities Members' Disqualification Act, 1986. Petitioners disqualified for remainder of term for voluntarily giving up membership of political party by joining rival party after election.

The judgment concerns two writ petitions filed by elected councillors of the Municipal Council, Loha, District Nanded, challenging their disqualificat...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...

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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...