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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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High Court of Bombay at Aurangabad Dismisses Appeal Against Setting Aside of Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitrator's Award of Interest on Escalation Amount Upheld as Not Contrary to Contract Terms.

The case involves an appeal by Godawari Marathwada Irrigation Development Corporation against a judgment of the Civil Judge, Senior Division, Parbhani...

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Bombay High Court Allows Landlords' Petition in Rent Control Case — Tenant's Subletting and Non-Payment of Rent Established. The Court held that the tenant's failure to pay rent and unauthorized subletting justified eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, landlords of a premises in Pune, filed a writ petition challenging the appellate judgment that reversed the trial court's eviction or...

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Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

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LETTER PATENT APPEAL NO. 449 OF 2004

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Bombay High Court Dismisses Wife's Appeal, Upholds Divorce and Denies Maintenance in Hindu Marriage Act Case. Wife's persistent demand for separate residence and false allegations of impotency constituted cruelty and desertion, disentitling her to maintenance.

The appellant wife, Mrs. Meena Dinesh Parmar, filed an appeal against the judgment and order of the Family Court, Pune, dated 26.2.2001, which granted...