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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 Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...

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Bombay High Court Allows Writ Petitions of Cooperative Housing Society Challenging Orders of Cooperative Authorities. Bylaws of Society Held Binding Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shantiniketan Cooperative Housing Society Ltd., a registered cooperative housing society under the Maharashtra Cooperative Societies A...

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Bombay High Court Allows Second Appeal in Possession Suit — Appellants Entitled to Possession of Suit Property Based on Title and Adverse Possession. Permissive occupation does not create ownership; respondent failed to prove adverse possession or valid title.

The case involves a dispute over possession of a suit plot and house. The original plaintiffs (now appellants) are the sons of Marotrao Dhobale, the o...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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High Court of Bombay at Nagpur Quashes Service Tax Assessment Order Against Builder Due to Violation of Natural Justice and CBEC Circulars. Assessment order set aside and matter remanded for fresh adjudication after affording opportunity of hearing.

The petitioner, M/s Maharaja Developers, a partnership firm engaged in construction business, challenged an assessment order dated 23/24 October 2008 ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Sale-Cum-Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, MSRT Corporation, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated...