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Bombay High Court Dismisses Petition Challenging Termination Based on Resignation Withdrawal After Acceptance. Resignation Withdrawal Must Precede Acceptance to Be Valid Under MEPS Act, 1977.

The petitioner, Sayyed Maksood Ali Sayyed Roshid Ali, was appointed as an Assistant Teacher on 17-1-1985 and promoted as Head Master on 10-10-2004. He...

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Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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High Court of Karnataka Dismisses Appeal Against Money Recovery Decree, Upholds Use of Photocopy Agreement as Secondary Evidence. Where Defendant Took Original Agreement to Procure Signatures and Did Not Return It, Photocopy Held Admissible Under Section 65, Indian Evidence Act, 1872.

The appeal arose from a suit for recovery of money decreed by the trial court. The plaintiff alleged that the defendants, representing themselves as o...