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Bombay High Court Allows Appeal Against Discharge in Electricity Theft Case Under Section 135 of Electricity Act, 2003. Court Holds That Use of Deceased Consumer's Meter by Legal Heir Without Transfer Constitutes Unauthorized Use and Theft of Electricity.

The appellant, Maharashtra State Electricity Distribution Company Limited, filed an appeal against the order dated 7.7.2006 passed by the 4th Addition...

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Bombay High Court Dismisses Appellant's Appeal Seeking Enhanced Compensation in Land Acquisition Case — Burden of Proof Not Discharged. Appellant failed to prove inadequacy of compensation under Section 18 of the Land Acquisition Act, 1894 as evidence of comparable sales was not properly established.

The case pertains to an appeal filed by Benjamin Pereira against the judgment and award dated 17th November 2006 passed by the Learned District Judge,...

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Bombay High Court at Goa Dismisses Appeal in Land Acquisition Case — Compensation Rate of Rs.7 per sq m Upheld. Reference Court's rejection of enhancement claim affirmed as appellants failed to prove market value higher than awarded.

The case pertains to an appeal filed by the legal representatives of Vaikunth Gopinath Poi Panandikar (since deceased) against the judgment and award ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...

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Bombay High Court Dismisses Landlord's Eviction Suit in Bona Fide Requirement Dispute. Appellate Court's Reversal Upheld as Landlord Failed to Prove Reasonable and Bona Fide Need for Suit Premises Under Section 13(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Shiv Kumar I. Agarwal, through his constituted authority, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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Bombay High Court Dismisses Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the property and approached the court after substantial delay.

The petitioners, legal heirs of the original petitioner Limo Cortez, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the suit property and approached the court after substantial delay.

The case involves a writ petition filed by legal heirs of the original petitioner, Mr. Limo Cortez, challenging the construction approval granted by t...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...