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WRIT PETITION NO. 73 OF 2015

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court at Goa Dismisses Petitions Challenging Termination of Veterinary Officers for Unauthorized Absence and Misconduct. Termination simpliciter under probation rules is valid and not punitive, and the petitioners were given adequate opportunity to explain their absence.

The case involves four writ petitions filed by 17 petitioners who were appointed as Veterinary Officers on probation by the Government of Goa. They we...

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Bombay High Court Allows Claimants' Appeal in Land Acquisition Case for Village Extension — Market Value Enhanced to Rs. 67,000 per Acre Based on Comparable Sale Deed. Deduction of 1/3rd for Development Applied to Sale Price of Rs. 1,00,000 per Acre Under Section 23 of Land Acquisition Act, 1894.

The case involves two cross-appeals arising from a land acquisition matter. The claimants' land measuring 1.23 H.R. (approx. 3 acres) in Mouza Asra, T...

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Bombay High Court Allows Landlady's Revision in Rent Control Eviction Suit — Tenant's Appeal Set Aside for Non-Compliance with Section 13(1)(a) of Bombay Rent Act. Tenant's Failure to Use Premises with Care and Damage to Property Justifies Eviction Under Section 108(o) of Transfer of Property Act, 1882.

The Civil Revision Application was filed by the original Plaintiff/landlady, Sau. Suman Ramesh Samant, against the Respondent/original Defendant/tenan...

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Gujarat High Court Dismisses State's Delay Condonation Application in Land Acquisition Compensation Case — Unexplained Delay of 2608 Days Not Condonable. The Court held that administrative delays by the State do not constitute sufficient cause under Section 5 of the Limitation Act, 1963.

The State of Gujarat and its officers filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of 2608 days delay in fili...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...