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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Allows Refund of Earnest Money in Tender Withdrawal Case — Forfeiture Order Set Aside. Petitioner's withdrawal of offer before tender opening due to delay held valid, and forfeiture of earnest money without contractual basis was illegal.

The petitioner, Vinod J. Agarwal, filed a writ petition seeking a declaration that the order of forfeiture of earnest money passed by the Mira-Bhayand...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation for Nursery Land. Market Value Determined Based on Potential for Development and Comparable Sales Under Land Acquisition Act, 1894.

The case involves two cross-appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894. The appellant, M/s. Vikas Nursery...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold and Delivered. Dispute Over Principal Amount and Interest Rate Constitutes Triable Issues Under Order XXXVII CPC.

The Plaintiff, Oriental Aromatics Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the Defendant, Poonam...

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Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Upholds Agreement to Sell but Denies Relief Due to Plaintiff's Default. Time not of essence originally but became so after notice; plaintiff failed to prove readiness and willingness under Specific Relief Act, 1963.

The case involves two appeals arising from a judgment and decree dated 19th January 1999 in Special Civil Suit No.25/1993/A by the Civil Judge, Senior...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Allows Claimants' Appeal in Railway Accident Case, Enhances Compensation for Death of Anil Jindal. Negligence of Railway Administration Established as Train Hit Deceased at Unmanned Level Crossing Without Warning.

The case arises from a railway accident at an unmanned level crossing in Jalna, where a train hit a vehicle driven by Anil Jindal, resulting in his de...