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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Allows Second Appeal in Tenancy Act Bar Case — Suit for Permanent Injunction Not Barred by Section 85 of Bombay Tenancy and Agricultural Lands Act, 1948. Courts Below Erred in Dismissing Suit Without Deciding Merits; Matter Remanded for Fresh Adjudication.

The appellant, Pandurang Damodar Bhoir, filed a civil suit (Regular Civil Suit No. 155 of 2008) seeking a permanent injunction restraining the respond...

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Bombay High Court Dismisses Winding Up Petition in 50:50 Joint Venture Due to Availability of Buy-Out Remedy. Loss of mutual trust and confidence does not automatically justify winding up under Section 433(f) of the Companies Act, 1956 when one party is willing to purchase the other's shares.

The petitioner, Severn Trent Water Purification Inc, filed a winding up petition under Section 433(f) of the Companies Act, 1956 against Capital Contr...

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Bombay High Court Dismisses Appeal in Land Acquisition Compensation Apportionment Dispute. Co-owners entitled to equal share in compensation absent proof of exclusive possession or title.

The case arises from a land acquisition proceeding where the Government acquired land admeasuring 1 Acre 26 Gunthas and 8 Annas from Survey No. 26/9 o...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Rent Fixation Dispute Between Co-operative Society and Member. Maharashtra Rent Control Act Held Applicable to Industrial Co-operative Society's Premises Despite Society's Bye-laws.

The petitioner, The Ichalkaranji Industrial Co-operative Estate Ltd., a society registered under the Maharashtra Co-operative Societies Act, challenge...