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Bombay High Court Dismisses Review Petition in Eviction Case — No Error Apparent on Record. Review of judgment dated 21.10.2010 in Writ Petition No.711/2010 rejected as applicants sought re-argument of merits, not review under Order 47 Rule 1 CPC.

The applicants, tenants Shrichand s/o Rochaldas Khemani and Kawarlal s/o Rochaldas Khemani, filed a review application before the Bombay High Court, N...

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Bombay High Court Allows Second Appeal in Property Title Suit — Concurrent Findings Set Aside as Perverse. Burden of proof wrongly placed on defendants; plaintiff failed to prove title and possession.

The case involves a Second Appeal filed by the defendants (appellants) against the concurrent judgments of the trial court and the first appellate cou...

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Bombay High Court Dismisses Revision Application in Civil Suit for Injunction — Concurrent Findings of Fact Not Interfered With. Revisional Jurisdiction Under Section 115 CPC Cannot Be Exercised to Re-Appreciate Evidence When Findings Are Based on Appreciation of Oral and Documentary Evidence.

The present civil revision application under Section 115 of the Code of Civil Procedure, 1908 was filed by the original defendants (applicants herein)...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Plaintiff's Averments in Plaint Sufficient to Satisfy Section 16(c) of Specific Relief Act, 1963.

The appellant-original defendant filed a second appeal against the concurrent decrees for specific performance of an agreement to sell passed by the t...

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Bombay High Court Dismisses Husband's Petition Challenging Interim Maintenance to Wife Under Domestic Violence Act. Court upholds maintenance order holding that wife's earning does not absolve husband's obligation to maintain under Section 20 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Akhtar Jafar Bagwan, challenged the order of the Judicial Magistrate First Class, Cantonment Court, Pune, dated 27 March 2017, which d...

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Bombay High Court Dismisses Landlord's Petition in Rent Control Dispute Over Subletting and Bona Fide Requirement. Landlord Failed to Prove Illegal Subletting and Bona Fide Need for Suit Property Under Bombay Rent Act.

The petitioner, Milind Rajkumar Wagholikar (Shah), was the landlord of a suit property bearing CTS No. 506/34, new CTS No. 866, admeasuring about 7500...