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Bombay High Court Dismisses Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Bona Fide Need for Own Use and Acquiesced to Requisition for Over Two Decades.

The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3...

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Bombay High Court Allows Recall of Order Dismissing Appeal Due to Advocate's No Instructions, Restores Appeal. Court Condoned 828-Day Delay as Applicant Was Misled by Advocate's Assurances.

The case involves a Notice of Motion filed by H.P. Mehta (the applicant) seeking condonation of a delay of 828 days in filing the motion and recall of...

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Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

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Bombay High Court Dismisses Contempt References Against Complainant for Filing Transfer Applications Alleging Bias. Filing of Transfer Applications Seeking Recusal of Judge Does Not Constitute Criminal Contempt Under Contempt of Courts Act, 1971.

The Bombay High Court dealt with two criminal references under Section 15(2) of the Contempt of Courts Act, 1971, made by the Principal District Judge...

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Bombay High Court Quashes Recovery Proceedings Against Timber Purchasers for Fire-Destroyed Goods. Property in Timber Not Passed to Purchasers Under Sale of Goods Act, 1930, Hence No Liability Under Maharashtra Land Revenue Code.

The petitioners, fifteen timber merchants, participated in an auction conducted by the Forest Department on 16.04.2008 and 15.05.2008 for the purchase...