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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...

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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Alleged Incident of Road Rage and Abusive Language Not Sufficient to Attract Section 3(1)(r)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Lahu Vitthalrao Bhosale, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License.

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for evict...

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Bombay High Court Upholds Eviction Order in Leave and Licence Case Under Section 13-A(2) of Bombay Rent Act. Licensee Holding Over After Expiry of Licence Period Is Not a Tenant and Competent Authority Has Jurisdiction to Order Eviction.

The case involves a Civil Revision Application filed by Mrs. Poonam V. Matta (the petitioner) against an eviction order passed by the Competent Author...