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Bombay High Court Allows Amendment of Plaint in Construction Dispute — Order 6 Rule 17 CPC. Trial Court Erred in Rejecting Amendment on Grounds of Jurisdiction and Merits, Which Are Matters for Trial.

The petitioner, Mr. Jeremias Serafino Basilio Rodrigues, filed a suit against M/s. P.V. Builders seeking a permanent injunction to restrain constructi...

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Bombay High Court Quashes Appellate Eviction Decree for Non-Application of Mind and Remands for Fresh Adjudication. First Appellate Court’s cryptic reversal without reassessing evidence held violative of Section 107 CPC; Revision allowed and appeal restored for fresh hearing.

The dispute arose between a landlord and a tenant over eviction from a two-room house in Umrer, Nagpur. The landlord filed a suit for ejectment on gro...

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...

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Bombay High Court Quashes Demolition Notice Against Tenants in Municipal Corporation Dispute — Notice Issued Without Hearing Tenants Violates Principles of Natural Justice. Section 264(1) of Maharashtra Municipal Corporations Act, 1949 Requires Notice to Occupants Before Demolition.

The petitioners, who are tenants of various shops in a building owned by the respondent no. 3 (since deceased), challenged a notice dated 05.03.2021 i...

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Bombay High Court Dismisses Tenant's Petition and Disposes Landlord's Petition in Eviction Matter; Decree on Alternative Accommodation Under Section 13(1)(l) of Bombay Rents Act Upheld. Premises Already Demolished and in Landlord's Possession Renders Bona Fide Requirement Issue Academic.

The litigation arose from a landlord-tenant dispute concerning three ground-floor rooms in a house at Ahmednagar. The original plaintiff (landlord) fi...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...