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High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

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Supreme Court Upholds Small Causes Court’s Power to Issue Distress Warrant in Rent Disputes. Rule 5 Under Bombay Rent Act Held Valid and Distress Warrant for Municipal Taxes Recoverable as Rent under Section 53 of Presidency Small Cause Courts Act, 1882.

The respondent was the owner of a house in Ahmedabad, and the appellants were tenants under a lease agreement requiring payment of Rs. 2,171 per month...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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Bombay High Court Dismisses Landlord's Restoration Applications in Eviction Disputes Due to Failure to Show Sufficient Cause for Non-Appearance. Order IX Rule 9 CPC Requires Satisfactory Explanation for Absence, Which Was Not Provided.

The judgment pertains to a group of civil applications filed by Lekhraj M. Solanki and Jasoda Lekhraj Solanki, the original plaintiffs, seeking restor...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Potentiality of Land for Non-Agricultural Use Considered Despite Restrictions Under Goa Land Use Act. Deduction of 50% from Sale Price of Unrestricted Land Accepted as Basis for Compensation.

The appellant, Shri Pandhari D'Souza Kuttikar, filed an appeal against the judgment and award dated 30.05.2006 passed by the Reference Court, which re...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...