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Gujarat High Court Allows Revision in Rent Control Case — Tenant Ordered to Vacate for Arrears of Rent. Landlord's Suit for Eviction Under Section 12(3)(a) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 Succeeds as Tenant Failed to Pay Rent for Over 12 Months.

The case involves a revision application under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) filed by...

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Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Willful Default and Subletting. Landlord's Bonafide Need for Business Expansion Upheld as Trial Court and Appellate Court Concurrent Findings Not Disturbed Under Article 227.

The petitioner, Sou. Bhamabai, wife of Ananda Raut, was defendant no.3 in a suit for eviction filed by the landlords (respondent nos.1 and 2) against ...

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Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

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Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Case for Non-Payment of Arrears of Rent. Concurrent findings of default under Section 12(3)(a) of Bombay Rent Act upheld as no perversity shown.

The petitioners, tenants of a room admeasuring 8'x10' owned by the respondent-landlord, were in possession since long at a monthly rent of Rs. 15/-. T...