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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 7 and Section 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Subhash s/o Narayanraoji Rathod, was convicted by the Additional Sessions Judge, Wardha, in Special Case No. 4/1997 for offences under ...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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Supreme Court Upholds Jurisdiction of Civil Court to Determine Fair Rent in Government Lease Renewal Dispute. Lease Renewal Clause Requiring 'Fair and Equitable' Enhancement by Lessor Held Unenforceable Without Judicial Review of Fairness.

In 1909, the Government of Bombay leased plots of land to the appellants for residential purposes on payment of a premium and an annual rent of Rs. 3-...

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Supreme Court Dismisses Appeal in Scheduled Tribe Caste Claim Case Under Maharashtra Caste Certificate Act. Caste Scrutiny Committee's Finding That Appellant Did Not Belong to 'Halba' Tribe Upheld, With Benefits Subject to Withdrawal Under Section 10 of Maharashtra Act 23 of 2001.

The appeal arose from a judgment of the High Court of Bombay, Nagpur Bench, which upheld the decision of the Caste Scrutiny Committee negating the app...

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Bombay High Court Allows Petition Challenging Deletion of Name from Provisional Voters List in Co-operative Society Election. Election Officer Exceeded Powers Under Rule 8 of Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 by Adjudicating Membership Dispute.

The petitioner, Zamsingh s/o Bhuraji Yerne, filed a writ petition challenging an order dated 13.02.2023 passed by the District Co-operative Election O...

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Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...