Search Results for "concurrent prosecution"

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Bombay High Court Dismisses Second Appeal in Possession Suit Due to Lack of Substantial Question of Law. Appellants' claim of adverse possession from 1961 fails as they did not raise the issue in lower courts and cannot produce new evidence in second appeal.

The case involves a second appeal filed by the appellants (defendants in the original suit) against a decree for possession passed by the trial court ...

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Bombay High Court Dismisses Second Appeal in Rent Recovery Suit — Hyderabad Rent Act Applicability During Pendency Does Not Bar Eviction Decree. Section 15(1) of Hyderabad Rent Act does not apply to decrees passed by civil court before the Act's extension to the area.

The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appella...

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Bombay High Court Dismisses Appeal in Sale Deed Cancellation Suit — No Substantial Question of Law Arises. Concurrent findings of fact that sale deed was executed voluntarily and for consideration cannot be interfered with under Section 100 CPC.

The present second appeal was filed by the original plaintiffs (appellants) against the concurrent judgments of the trial court and the first appellat...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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Bombay High Court Allows Revision in Tenancy Dispute, Restores Orders of Agricultural Land Tribunal and SDO. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Exceeded Jurisdiction by Reappreciating Evidence.

The petitioners, legal representatives of the original landholder Damodar, challenged a judgment of the Maharashtra Revenue Tribunal (MRT) dated 16 Ma...

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Bombay High Court Dismisses Tenant's Writ Petitions Challenging Eviction Decree Under Bombay Rent Act. Landlord's Bona Fide Need for Residence Upheld as Tenant Failed to Rebut Presumption Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, heirs of the original tenant Shankar Dagadu Pardeshi, challenged the concurrent findings of the trial court and appellate court decre...

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Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

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Bombay High Court Dismisses Appellants' Second Appeal in Property Dispute, Upholding Concurrent Findings That Plaintiffs Failed to Prove Title and Possession. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Did Not Discharge Burden of Proof Under Section 100 CPC.

The case involves two second appeals arising from a property dispute between the legal representatives of Balaji Ramaiya Manthanwar (appellants) and G...