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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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Bombay High Court Dismisses Petition Challenging Arbitral Tribunal's Procedural Order on Discovery — Section 34 of Arbitration and Conciliation Act, 1996, Does Not Permit Challenge to Procedural Orders, Only Final Awards.

The case involves a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Tata Industries Limited and another against Gras...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Bonafide Requirement of Landlord. Concurrent Findings of Fact on Bonafide Requirement and Greater hardship Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant, was a tenant in a shop owned by the respondents, original plaintiffs. The plaintiffs filed a suit for eviction on ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief. Reassessment Based on Borrowed Satisfaction from Investigation Wing Without Independent Application of Mind by Assessing Officer is Invalid.

The Petitioner, Nirmal Bang Securities Pvt. Ltd., challenged a notice dated 30th March 2007 issued under Section 148 of the Income Tax Act, 1961 for r...