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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Quashes FIR in Criminal Breach of Trust Case Due to Civil Nature of Dispute. The court held that where the allegations do not disclose a criminal offence and the dispute is purely civil, the FIR can be quashed under Section 482 CrPC to prevent abuse of process.

The applicants, Gangadhar Laxmanrao Barbate and Satish Gangadhar Barbate, were accused in FIR No. 101/2009 registered at Lakadganj Police Station, Nag...

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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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Bombay High Court Dismisses Sub-Tenant's Petition in Rent Control Eviction Case. Concurrent findings of fact that sub-tenant was not in occupation prior to 1st February 1973, thus not entitled to protection under Section 15A of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947.

The present petition was filed by a sub-tenant, Baburao Laxman Kshatriya (deceased, represented by his legal heir Smt. Kesharbai Baburao Kshatriya), c...

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Bombay High Court Dismisses Appeal by Land Acquisition Officer and Konkan Railway, Upholds Enhanced Compensation for Acquired Land. The court confirmed the enhancement of market value from Rs.13 to Rs.88 per sq. metre under the Land Acquisition Act, 1894 for land acquired for railway purposes.

The case involves an appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Limited against the judgment ...