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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Quashes FDA Orders Stopping Production of Johnson's Baby Powder Due to Violation of Natural Justice. Orders passed without providing test reports or hearing the manufacturer were set aside as arbitrary and in breach of principles of audi alteram partem.

The petitioner, Johnson & Johnson Pvt Ltd, a manufacturer of pharmaceuticals and cosmetics including 'Johnsons Baby Powder', challenged three orders p...

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Bombay High Court Allows Impleadment and Sets Aside Ex-Parte Order in Service Charges Dispute. Applicant Company Held to be Necessary Party as Successor-in-Interest of Defendant Firm Under Order 1 Rule 10 CPC.

The petitioners, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a suit (Suit No. 6117 of 2007) against M/s. Kishore Engineering Co. (res...

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Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Bombay High Court Dismisses Writ Petitions Challenging Caste Validity Cancellation by Scrutiny Committee. Petitioners failed to prove tribal origin and continuous residence in scheduled area, leading to cancellation of caste certificates.

The judgment pertains to two writ petitions filed by 70 individuals challenging the orders of the Caste Scrutiny Committee, which cancelled their cast...

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Bombay High Court Allows Petition Challenging Trial Court Order on Valuation and Court Fees in Suit for Share in CIDCO Plots. The court set aside the order directing revaluation and payment of additional court fees as it was passed without any evidence or inquiry.

The petitioners, original defendants in Regular Civil Suit No.61 of 2006, challenged an order dated 5/10/2010 passed by the learned Joint Civil Judge,...

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...