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Bombay High Court Allows Civil Revision in Eviction Suit — Lease Deed Not Duly Proved Under Evidence Act. Court holds that secondary evidence of a supplementary lease deed was inadmissible without proper foundation for leading secondary evidence under Section 65 of the Indian Evidence Act, 1872.

The case arises from a civil revision application challenging a judgment and decree of the appellate bench of the Court of Small Causes at Mumbai, whi...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

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Bombay High Court Dismisses Winding Up Petition by Association Against Member Company for Unpaid Guarantee Amounts. Association's claim for winding up under Sections 433 and 434 of Companies Act, 1956 fails as debt is disputed in good faith and substantial dispute exists.

The petitioner, Travel Agents Federation of India, an association of travel agents, filed a winding up petition under Sections 433 and 434 of the Comp...