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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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Bombay High Court Deliberates on Applicability of Limitation Act to Appeals Before Collector Under Section 137 of Bombay Prohibition Act, 1949. Issue Centered on Whether Collector is a 'Court' for the Purpose of Section 29(2) of the Indian Limitation Act, 1963.

The writ petition arose from a demand notice dated 23 June 2003 issued to the petitioner, proprietress of Vishal Liquors, an ex-CLII licensee, for an ...

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Bombay High Court Sets Aside Trial Court's Order on Court-Fees Valuation in Suit for Registration under Section 77 of Registration Act. Suit for Enforcement of Statutory Obligation Not Susceptible of Monetary Valuation, Governed by Section 6(iv)(j) of Bombay Court-fees Act, 1958, Not Section 6(xi).

The petitioners, as plaintiffs, filed a suit in the Court of Civil Judge, Junior Division, Pune under Section 77 of the Registration Act, 1908, seekin...

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Bombay High Court Allows Writ Petition Against Registrar’s Order Refusing Permission Under Maharashtra Cooperative Societies Act, 1970 to Sue Liquidator. Court Holds That Permission Under Section 107 is a Formality and Registrar Must Not Consider Merits of the Employees’ Wage Claim.

The dispute arose when 83 former employees of the Amravati Growers’ Cooperative Spinning Mills Ltd. sought permission under Section 107 of the Mahar...

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High Court of Judicature at Bombay Hears Appeal Under Section 37 Against Order Quashing Arbitral Award on Limitation. Single Judge's order set aside arbitral award as claim was found barred by limitation, limited to determination under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 before the Bombay High Court against the order dated 10 April 2024...

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Bombay High Court Allows Petitions Challenging Demolition of Structures by Nashik Municipal Corporation Without Proper Notice and Hearing. Demolition Without Prior Notice Violates Principles of Natural Justice Under Section 53A of MRTP Act and Section 169 of MMC Act.

The judgment involves a group of writ petitions filed by individuals and businesses challenging the demolition of their structures by the Nashik Munic...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

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Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...