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Bombay High Court Dismisses Licensee's Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act, 1999 — Petitioner Failed to Satisfy Requirement of Section 43(4)(a) for Leave to Defend. Licensee Cannot Claim Tenancy Rights After Expiry of Leave and License Agreement.

The petitioner, Amitabh Nigam, was a licensee of a flat owned by the respondents, Amit Sharma and Shiwani Sharma, under a registered leave and license...

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Bombay High Court Allows Revision Against Dismissal of Criminal Appeal for Default - Appellate Court Cannot Dismiss Appeal Against Conviction for Default. Criminal Appeal Against Conviction Must Be Decided on Merits, Not Dismissed for Default Under Section 386 CrPC.

The applicant, Fayyaz Khayyum Qureshi, was convicted by the 5th Judicial Magistrate First Class, Aurangabad, in RCC No.102/2006 for offences under Sec...

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Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...

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Bombay High Court Quashes FIRs Under Essential Commodities Act for Non-Essential Commodities. Wheat and Rice Seized by Rationing Authorities Held Not Covered Under Essential Commodities Act, 1955 or Control Orders.

The petitioners, including M/s. Ace International, Pankaj Pranjibhai Thakkar, and M/s. Metro International, filed three writ petitions challenging the...