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High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Decree on Limitation and Appellate Court Procedure. Agreement for Sale of House Property Enforced Despite Defendant’s Failure to Lead Evidence and Plea of Limitation, as Burden of Proof Not Discharged.

The dispute arose from a suit for specific performance of an agreement to sell a house property. The respondent (original plaintiff) claimed that on 2...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Allows Writ Petition Challenging Rejection of Revision Application Under Indian Forest Act. Minister's order set aside for non-application of mind and failure to consider material evidence regarding agricultural character of land.

The petitioner, Vijayalaxmi Shrinivas Panditrao, filed a writ petition before the Bombay High Court challenging an order dated 20th August, 2019 passe...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Possession Due to Non-Compliance with Order 2 Rule 2 CPC. Plaintiffs Failed to Disclose Earlier Agreement for Sale, Barring Subsequent Suit for Specific Performance.

The appellants, original defendants, challenged the judgment and decree dated 14th October 2008 passed by the learned Civil Judge, Senior Division, Ka...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

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Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...