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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Bombay High Court Dismisses Petition Challenging SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Establish Entitlement to Alternate Accommodation Under SRA Scheme.

The petitioner, Samir Narain Bhojwani, filed a writ petition challenging an order passed by the Assistant Registrar, C.S. (Eastern & Western Suburban)...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Requirement Under Section 13(1)(g) of Bombay Rent Act. Appeal Court's Reversal Set Aside for Misappreciation of Evidence and Legal Principles.

The petitioner, legal representative of the deceased landlord Om Prakash Suri, filed a writ petition challenging the judgment and order dated 18th Feb...

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Bombay High Court Allows Landlord's Petition in Eviction Case Under Bombay Rent Control Act — Bonafide Need Established. Appeal Court's Reversal of Eviction Order Set Aside as It Failed to Appreciate Scope of Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Smt. S.O. Suri alias Smt. S.S. Gharati, is the legal representative of the deceased landlord, Shri Om Prakash Suri. The landlord had i...

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Bombay High Court Dismisses Writ Petition Challenging Tenancy Orders in Suo-Moto Enquiry Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Claim of Personal Cultivation Fails as Tenant's Possession and Default in Rent Payment Established.

The petitioners, Vinayak Ratnagiri Gosavi and Tryambak Shivram Gosavi, were the original opponents in a suo-moto tenancy enquiry initiated by the Tahs...

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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...