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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Holds Amendment Extending Period for Acquisition of Reserved Land Under Section 127(1) of MRTP Act Applies to Notices Served Before Amendment — Landowner's Right to Deemed Lapse Not Affected Retrospectively.

The case involves a reference to a Full Bench of the Bombay High Court arising from a writ petition concerning the interpretation of Section 127(1) of...

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Bombay High Court Frames Substantial Questions of Law in Tenant's Second Appeal Against Eviction from Open Land. Maintainability of Civil Suit Without Rent Controller's Permission Under Expired Fixed-Term Lease Examined.

The dispute arose from a lease of open land for a fixed term of 61 years executed on 1-1-1943 between the original lessor Govind Vishnu Saoji and the ...