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Bombay High Court Dismisses Civil Revision Against Permission to Withdraw Suit with Liberty to File Fresh Suit. Withdrawal Allowed Under Order XXIII Rule 1 CPC as Plaintiff Sought to Withdraw Due to Technical Defect, Not Abuse of Process.

The original defendants in Regular Civil Suit No. 22 of 2004 challenged the order dated 1st January 2014 passed by the learned Adhoc District Judge-1,...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

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Supreme Court Dismisses Licensee’s Appeal Against Direct Electricity Supply by Board. Board’s Action Upheld as Comparison of Maximum Demand Under Section 19(1)(b)(ii) of Electricity (Supply) Act, 1948 Required Assessment of Actual Supply, Not Generating Capacity.

The appellant, Sihor Electricity Works Ltd., held a licence under the Indian Electricity Act, 1910 for generation and distribution of electrical energ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Nomination for Village Panchayat Election Due to Three Children. Section 14(j-1) of Maharashtra Village Panchayats Act, 1959 Bar Not Applicable as Petitioner Had Only Two Children Born After Specified Date.

The petitioner, Meena Babu Darade, filed a writ petition challenging the rejection of her nomination for the election of the village panchayat of Nafa...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement — Delay of 4 Years Not Condoned as No Sufficient Cause Shown. Trial Court's Order Upheld as Neither Illegal Nor Perverse Under Order 8 Rule 1 CPC.

The petitioners, original defendants in Regular Civil Suit No.1118/1998 pending before the 3rd Joint Civil Judge, Junior Division, Aurangabad, challen...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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Bombay High Court Allows Revision Petition by Tenants in Eviction Suit — Landlord's Bonafide Need Not Proved. Requirement of Suit Premises for Business of Son-in-law Not Established as Bonafide Need Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

This Civil Revision Application was filed by the original defendants/tenants, Smt. Gumfabai Dattalal Jaiswal and Pramod Dattalal Jaiswal, challenging ...