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Full Bench of the Bombay High Court Considers Reference on Interpretation of Clauses 96 and 97 of MCGM General Conditions of Contract. The Court Examines Whether Compliance with Clause 96 is a Precondition for Invoking Arbitration under Clause 97.

The appeal arose from an arbitration petition concerning a contractual dispute between a contractor and the Municipal Corporation of Greater Mumbai (M...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Based on Acquisition of Suitable Residence. Purchase of Plot in Wife's Name and Construction of House Does Not Conclude Acquisition of Suitable Residence Under Section 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a dispute between the legal representatives of the original defendant-tenant (petitioners) and the legal representatives of the orig...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Possession Due to Non-Compliance with Order 2 Rule 2 CPC. Plaintiffs Failed to Disclose Earlier Agreement for Sale, Barring Subsequent Suit for Specific Performance.

The appellants, original defendants, challenged the judgment and decree dated 14th October 2008 passed by the learned Civil Judge, Senior Division, Ka...