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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Quashes Process Against Director in Cheating Case for Lack of Vicarious Liability. Petitioner Joined Company After Alleged Misrepresentation, No Specific Overt Act Alleged.

The petitioner, Harshavardhan Madhav Chitale, was accused No.3 in a complaint filed by Respondent No.2, Micromate Computers, before the Chief Judicial...

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Bombay High Court Partially Allows Appeal Against Demolition Notice Under Section 351 of MMC Act, 1888 — Terrace Room Protected But Three Sheds Not Entitled to Injunction. The court held that balance of convenience and prima facie case did not favour protecting the three sheds from demolition.

The appellant, Abhinandan Commercial Centre Pvt. Ltd., filed an appeal against an order of the City Civil Court dated 13th January 2005, which partly ...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and No Prior Notice Required.

The appellant, Bashir Nazir Sayyed, was the original plaintiff who filed a suit in the City Civil Court at Bombay seeking a declaration that a notice ...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and Not on Private Land.

The appellant, Bashir Nazir Sayyed, was the original plaintiff in a suit against the Brihan Mumbai Municipal Corporation (BMC). He resided and ran a b...