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Bombay High Court Dismisses Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Petitioner's Long Possession as Tenant Does Not Bar Restoration.

The petitioner, Hirakant Ramchandra Kothari, filed a writ petition under Article 227 of the Constitution of India challenging two orders: one dated 23...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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High Court of Bombay at Goa Allows Petition Challenging Eviction Order in Rent Control Matter — Petitioner Failed to Establish Change of User or Subletting as Grounds for Eviction. The court held that the landlord must prove grounds for eviction, and the Appellate Board's order was not sustainable.

The petitioner, The Goa Co-operative Marketing and Supply Federation, was a tenant of the respondents since 1974, using the suit premises as a godown ...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Case — Compensation Enhanced for Tenanted and Untenanted Lands. Reference Court's dismissal of enhancement set aside; appellant entitled to higher compensation based on comparable sale instances and previous awards.

The appellant, Pandurang Daji Naik, owned lands at Torcem, Pernem Goa, which were acquired by the State for the construction of B/6 distributaries of ...