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Supreme Court Upholds Small Causes Court’s Power to Issue Distress Warrant in Rent Disputes. Rule 5 Under Bombay Rent Act Held Valid and Distress Warrant for Municipal Taxes Recoverable as Rent under Section 53 of Presidency Small Cause Courts Act, 1882.

The respondent was the owner of a house in Ahmedabad, and the appellants were tenants under a lease agreement requiring payment of Rs. 2,171 per month...

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Bombay High Court Hears Petition Under Section 37 of Arbitration Act Challenging Arbitrator’s Interim Order in Film Remake Rights Case. Dispute Involves Enforcement of Agreement Dated 24 January 2012 Granting Remake Rights of Film 'Zanjeer' and Payment of Instalments.

The petition was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an interim order dated 16 July 2012 passed by the l...

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Bombay High Court Grants Judgment on Admission in Sibling Partition Suit Under Muslim Personal Law. Court applies Order 12 Rule 6 CPC to decree partition of deceased father's estate based on admitted shares under Shariat Law.

This is an administration suit filed by one sibling against his brothers and sister for partition and division of the estate of their deceased father,...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Dismisses Teacher's Suit Challenging Resignation as Coerced — Resignation Voluntarily Tendered and Validly Accepted Under MEPS Act, 1977.

The plaintiff, a teacher at defendant No.2 school run by defendant No.1, tendered his resignation on 25th August 1993. The Principal accepted it the n...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to Gross Delay and Laches. Petitioner's failure to establish tenancy and inordinate delay in challenging notifications under Land Acquisition Act bars relief.

The petitioner, Vinayak Bhaskar Sinai Dhume, filed a writ petition in the High Court of Bombay at Goa challenging notifications dated 7th April 1999 a...