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Bombay High Court Quashes BMC Eviction Order Against Employee for Non-Compliance with Natural Justice. Writ of Certiorari Granted as Show-Cause Notice Lacked Specific Allegations and Opportunity of Hearing Was Denied.

The petitioner, Sangita Santosh Chavan, an employee of the Brihanmumbai Municipal Corporation (BMC), challenged an eviction order passed by the Assist...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...

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Bombay High Court Dismisses Writ Petition Challenging MHADA Order in Slum Rehabilitation Dispute. Court upholds MHADA's order directing petitioners to vacate and hand over possession of chawl rooms for redevelopment under Section 95A of the Maharashtra Housing and Area Development Act, 1976.

The petitioners, who are residents of Mohamed Tajbhai Chawl in Mumbai, filed a writ petition under Article 226 of the Constitution of India challengin...

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Supreme Court Dismisses Appeal Against Arbitral Award in Licence Agreement Dispute, Upholds Damages for Use and Occupation. Court holds that even if relationship is treated as tenancy, tenant is liable for rent/damages during closure period under Section 108 of Transfer of Property Act.

The dispute arose from two licence agreements dated 27.08.1990 between the appellants (M/s Arun Kumar Kamal Kumar & Ors.) and the respondents (M/s Sel...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...