Search Results for "Joint Tenancy"

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses PIL Seeking CBI Investigation into Lavasa Hill Station Project for Lack of Credible Material. Petitioner's vague allegations against politicians and officials did not establish a prima facie case for criminal investigation under the Code of Criminal Procedure, 1973.

The petitioner, Nanasaheb Vasantrao Jadhav, an agriculturist and advocate, filed a Public Interest Litigation (PIL) seeking a direction for registrati...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Allows Writ Petition for Appointment of Arogya Sevak from OBC and Project Affected Category. The court directed the respondents to consider the petitioner's claim for appointment from OBC and Project Affected Category in accordance with law.

The petitioner, Manisha Namdevrao Chole, filed a writ petition seeking a mandamus directing the respondents to consider her claim for appointment to t...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Bombay High Court Sets Aside Remand Order in Rent Control Matter — Appellate Authority Must Decide Appeal on Merits Without Remanding to Rent Controller. Revenue records are not evidence of title or transfer of property, and the appellate court must independently appreciate evidence.

The petitioner, a landlord, filed a writ petition challenging the order of the appellate authority under the C.P. & Berar Letting of Houses and Rent C...