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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Allows Petition for Rental Compensation in Land Acquisition Case. Petitioner entitled to rental compensation from date of possession till award under Land Acquisition Act, 1894 for land taken for octroi post.

The petitioner, M/s. Devi Construction LLP, owned lands in survey Nos.10 (part), 11 (part) and 160 (part) of Village Wakad, Taluka Mulshi, Dist. Pune,...

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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...