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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area.

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by th...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Election Petition — Application Filed After Issues Framed Held to Be Delaying Tactic. The court upheld the trial court's order imposing costs for protracting the election petition.

The petitioner, Prakash Devji More, was elected as a Councillor of the Municipal Corporation of Greater Mumbai (MCGM) on 23/02/2017. The respondent No...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement in Commercial Suit. Pendency of Application Under Section 8 of Arbitration and Conciliation Act, 1996 Constitutes Sufficient Cause for Delay Beyond 120 Days Under Section 16 of Commercial Courts Act, 2015.

The petitioners, M/s S.S. Nikade and Company (JV), a registered firm, filed a commercial suit on 02.02.2017 before the Commercial Court, Yavatmal, cla...

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Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...