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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Hears Notice of Motion for Interim Eviction of Non-Cooperating Members in Housing Society Redevelopment. The Court examines the Society's plea under the Maharashtra Co-operative Societies Act, 1960 for mandatory orders against members who refuse to vacate despite a majority resolution.

Background: The matter arises from a suit filed by Vikram Delite Co-operative Housing Society Ltd., a cooperative housing society registered under the...

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Bombay High Court Allows Writ Petition Against MIDC for Unilateral Rescission of Land Allotment — MIDC's Action Held Arbitrary and Violative of Natural Justice. Concluded Contract Exists Upon Acceptance of Consideration, Entitling Petitioner to Specific Performance.

The petitioners, Kamlakar Bhimrao Patil and Terrafirm Softtech Private Limited (formerly Everest Realtors Pvt. Ltd.), filed a writ petition under Arti...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Dismisses Petition Challenging Rent Control Permission for Eviction on Grounds of Bonafide Need and Change of User. Landlord's bonafide need for additional space for his family of 12 members upheld under Clause 13(3)(vi) of C.P. and Berar Letting of Premises and Rent Control Order, 1949.

The petitioners, M/s Mahavir Tea Company and its partners, were tenants of a premises owned by the respondent-landlord, Kanhaiyalal Fettelalji Upadhya...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser.

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offe...