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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Are Maintainable as Proceedings Under the Regulation Are Summary in Nature and Not Barred by Res Judicata.

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Not Barred by Res Judicata as Proceedings Are Summary in Nature.

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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Supreme Court Upholds Right of Co-Occupant to Redeem Mortgage Despite Registered Occupant's Surrender of Occupancy. Surrender Under Section 74 of Bombay Land Revenue Code, 1879 Does Not Affect Non-Surrendering Occupant's Interest Without Authority.

The suit involved redemption of some occupancy lands originally owned and mortgaged by two brothers, S and A, with the khata standing in the name of S...

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Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Right of Way and Title. Suit for Injunction Dismissed and Counterclaim for Declaration of Title and Injunction Upheld Based on Adverse Possession and Better Title.

The appellants, Efigenio Dias and Josinho Dias, filed a suit for permanent injunction against the respondents, Malaquias D'Costa and others, to restra...

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Bombay High Court Allows Appeal in Suit for Specific Performance of Agreement to Sell — Plaintiff Fails to Prove Readiness and Willingness. Agreement to Sell Dated 2004 Not Enforceable as Plaintiff Did Not Show Financial Capacity or Deposit Balance Consideration.

The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004....

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Bombay High Court Allows Appeal in Air Crash Compensation Case — Enhances Damages for Bungalow Destruction. Compensation for property damage must be based on cost of reconstruction and actual loss, not market value, under tort law principles.

The appellants, Thota Sayyed and his wife Shamshad Sayyed, owned a newly constructed residential bungalow in Goa. An air crash occurred, causing the c...

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Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Arrested Vessel — State Not a Party to Suit, No Right to Challenge Consent Terms.

The State of Maharashtra filed an appeal against an order of the learned Single Judge dated 3rd March 2008 in Notice of Motion No.2565 of 2008 in Admi...