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Bombay High Court Examines Maintainability of Writ Petition Involving Parking Amenity Dispute Under Article 226. Court Finds That Alteration of Parking Amenity Raises Public Law Concerns Requiring Planning Authority to Regard Public Convenience and Safety.

The Bombay High Court adjudicated a writ petition filed by Unity Mall Premises Co-operative Society against Vasai-Virar City Municipal Corporation and...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

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Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

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Supreme Court Dismisses Appeal by Returned Candidate; Upholds High Court's Decision Setting Aside Election for Corrupt Practice. Speech Threatening Divine Displeasure for Voting Deemed Undue Influence Under Section 123(2) Proviso (a)(ii) of the Representation of the People Act, 1951.

Background: The case concerns an election petition filed by an elector challenging the election of the Swatantra Party candidate from the Banaskantha ...

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Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous.

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendant...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...