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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Commercial Construction. Court upholds MCGM's action under Section 351 of the Mumbai Municipal Corporation Act, 1888 for building without valid permission and in violation of development plan reservations.

The petitioners, Kamla Industrial Park Ltd and Metallica Industries Ltd, challenged the demolition notice and stop-work notice issued by the Municipal...

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Bombay High Court Dismisses Petition Challenging Mutation Entry in Revenue Records — Civil Suit Remedy Available for Title Disputes Under Section 149 of Maharashtra Land Revenue Code, 1966. Mutation entries do not confer title and revenue authorities cannot adjudicate title; proper remedy is civil suit.

The petitioners, Jagannath Khanderao Kedar and Indumati Khanderao Kedar, filed a writ petition under Article 227 of the Constitution of India challeng...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Award for Digital Radiography Systems. Court upholds Municipal Corporation's decision to award contract to lowest bidder after due process, finding no arbitrariness or mala fides.

The Petitioner, Prognosys Medical Systems Ltd., challenged the award of a contract by the Mumbai Municipal Corporation for the supply and installation...