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Bombay High Court Dismisses Defendant's Appeal in License vs. Tenancy Dispute — Written License Agreement Governs Relationship. Court Holds That Defendant Failed to Prove Oral Tenancy, and Civil Court Has Jurisdiction.

The case involves a dispute between the plaintiff, Mrs. Rosario Boventura Fernandes, and the defendant, Shri Indrakant Shankar Mambro, over a parcel o...

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Bombay High Court Dismisses Petition Challenging ESI Act Applicability to Bidi Manufacturer. Definition of Factory Under Section 2(12) ESI Act Includes Premises with Power-Aided Manufacturing Process, Home Workers Are Employees.

The petitioner, M/s. Ramchand Onkarlal Agarwal, a bidi manufacturer in Kamptee, Nagpur, challenged the applicability of the Employees' State Insurance...

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Bombay High Court Dismisses Petition Challenging Direction to Enroll Members in Co-operative Sugar Society. Section 79 of MCS Act Empowers Sugar Commissioner to Issue Directions for Membership Enrollment Despite Full Share Capital.

The petitioners, Rajaram Bapu Patil Sahakari Sakhar Karkhana Ltd. (a co-operative sugar society) and its director Pandurang Ramrao Patil, filed a writ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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High Court of Bombay at Goa Quashes Regularisation of Encroachment on Communidade Land in Public Interest Litigation. Administrative Tribunal's Order Regularising Unauthorised Construction by Minister Set Aside for Lack of Jurisdiction and Violation of Communidade Land Protection Laws.

The petitioner, an advocate and public spirited citizen, filed a Public Interest Litigation challenging the order of the Administrative Tribunal (resp...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Land Ownership in Urban Land Ceiling Case — Successor Corporation Cannot Reopen Final Orders Under ULC Act After Vesting of Land in State.

The Bombay High Court dismissed a writ petition and a second appeal filed by the Sangli Miraj Kupwad Cities Municipal Corporation (successor of Miraj ...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court Dismisses Writ Petition Challenging Forest Land Encroachment Notices Under Maharashtra Land Revenue Code and Forest Act. Petitioners Failed to Establish Title or Authorisation for Construction on Government Forest Land.

The petitioners, nine individuals, filed a writ petition before the Bombay High Court challenging notices issued by the Deputy Conservator of Forests ...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction Decree Under Section 15(3) of Maharashtra Rent Control Act, 1999. Tenant's Admission of Higher Rent and Failure to Deposit Arrears Justified Eviction.

The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first ...