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Bombay High Court Allows Civil Revision in Eviction Suit — Lease Deed Not Duly Proved Under Evidence Act. Court holds that secondary evidence of a supplementary lease deed was inadmissible without proper foundation for leading secondary evidence under Section 65 of the Indian Evidence Act, 1872.

The case arises from a civil revision application challenging a judgment and decree of the appellate bench of the Court of Small Causes at Mumbai, whi...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

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Bombay High Court Dismisses Petition in Property Dispute - Adverse Possession Claim Fails. Petitioner failed to prove continuous possession for 12 years under Limitation Act, 1963.

The case involves a property dispute where the petitioner, Rajaram Rakshe, filed a writ petition against the respondents, who are heirs of Hasan Husse...

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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Dismisses Petition Challenging MIDC's Allotment of Acquired Land for Residential Township. Land acquired for industrial development can be used for residential purposes as per MIDC's policy; no legitimate expectation of continued industrial use.

The petitioners, Sudam Vithoba Dhumal and Dilip Sudam Dhumal, filed a writ petition challenging the action of Respondent No.1, Maharashtra Industrial ...

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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 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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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...