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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation.

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction for Arrears of Rent Under Section 12(3)(a) of Bombay Rent Act. Tenant's failure to pay arrears within one month of demand notice forfeits protection against eviction.

The petitioner, Dattu Mahadu Labade, was a tenant in premises owned by the respondent, Rangnath Baburao Bodake (since deceased, represented by legal r...

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Bombay High Court Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...