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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Allows Landlord's Petition in Rent Default Case, Restores Ejectment Decree. Tenant's Failure to Pay Rent for Over a Decade Constitutes Willful Default Under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hemant R. Saple, as landlord, filed a writ petition challenging the order of the Appellate Bench of the Court of Small Causes, Bombay,...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Non-Payment of Rent. Concurrent Findings of Fact by Courts Below Upheld Under Article 227 as No Perversity or Error of Law Found.

The petitioner, Smt. Chandrabai Dhumal, a tenant, filed a Writ Petition under Article 227 of the Constitution of India challenging the concurrent find...

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Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Registered Adoption Deed Valid Under Section 16 of Hindu Adoption and Maintenance Act, 1956. Plaintiff failed to rebut presumption of valid adoption, suit for possession dismissed.

The appellant, Balu Natha Repe, was the original defendant in a suit filed by the original plaintiff, Smt. Kamalaben Natha Repe (since deceased, repre...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree in Rent Control Case — Concurrent Findings of Fact on Subletting Upheld. Tenant Failed to Prove Alleged Subletting by Landlord, and High Court Declined to Interfere Under Article 227 of the Constitution.

The petitioner, Dr. Bhaskar Shripad Galande, filed a writ petition under Article 227 of the Constitution challenging the judgment and decree passed by...