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Bombay High Court Allows Writ Petition Challenging Rejection of Impleadment Application in Partition Suit — Petitioner's Right to be Heard as Necessary Party Upheld Under Order 1 Rule 10 CPC.

The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/0...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Property Dispute Between Brothers. Court Held That Article 227 Cannot Be Used to Re-Appreciate Evidence Unless Findings Are Perverse or Based on No Evidence.

The petitioner, Ramchandra Tatyaba Ingale, was the original defendant No.2 in a suit filed by Mugutrao Balasaheb Ingale (since deceased, represented b...

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Bombay High Court Dismisses Revenue's Appeal in Joint Venture Taxation Case — Income Taxable Only in Hands of Actual Executor. ITAT's concurrent finding that joint venture did not execute contract and income was already assessed in hands of constituent member upheld.

The case involves an appeal by the Commissioner of Income Tax-I, Nagpur, against the order of the Income Tax Appellate Tribunal (ITAT), Nagpur, in res...

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Bombay High Court Upholds Eviction Decree for Non-User of Commercial Premises Under Maharashtra Rent Control Act, 1999. Tenant's failure to use the suit premises for a continuous period of six months without reasonable cause constitutes ground for eviction under Section 16(1)(n) of the Act.

The revision petition was filed by the tenants challenging the judgment and decree of the trial court in Regular Civil Suit No.133/2003 and the appell...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of ownership and injunct...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved and Possession Not Delivered, Counterclaim for Possession Upheld.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 14.02.1986 in respect of field survey No.77/1 area 1.81 HR...

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Bombay High Court Dismisses Tenant's Revision, Upholds Eviction for Landlord's Bonafide Need of Grandson in Rent Control Case. Non-examination of Grandson Not Fatal as Landlord's Testimony Sufficient to Establish Family Business Expansion Requirement.

The case involves a civil revision application filed by the tenant, Shyamsundar Chandmal Zanwar, against the concurrent eviction decrees passed by the...