Search Results for "1982"

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

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Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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Bombay High Court Allows Petition for Residence Certificate for Medical Seat in Union Territory Quota. Petitioner established 15-year residence in Dadra and Nagar Haveli through birth, education, and parents' employment.

The petitioner, Imran Shaikh, born on 12 September 1987 in Kilvani village, Dadra and Nagar Haveli, sought a certificate of 15 years' residence to cla...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Medical Officer — Transfer is an Incidence of Service and Not Punitive. Transfer of a government servant is a condition of service and does not amount to punishment unless stigmatic or penal.

The petitioner, Dr. Pralhad Sukhdeorao Malusare, was appointed as a Medical Officer in the Maharashtra Medical and Health Services Class-II on 9 July ...

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Bombay High Court Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...

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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Dismisses Petition Against Industrial Court Order in Unfair Labour Practice Complaint. Employee's claim of continuous service after nationalization fails as termination occurred prior to vesting.

The petitioner, Ravindra Gopal Shinde, was employed as a helper with Kohinoor Mills Company Limited. On 18th October 1983, the management of the cotto...