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Bombay High Court Dismisses Petition Challenging Concurrent Orders Under Maharashtra Tenancy Act — Petitioner Failed to Prove Tenant Status. Landlord's Application for Possession Under Section 32-O Allowed as Tenant Could Not Establish Cultivation After Tillers' Day.

The petitioner, Shri Ananda Sakharam Padalkar, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order...

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Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Bombay High Court Dismisses Petition Challenging Termination of Managing Director by ICICI Bank. Court upholds termination based on adverse enquiry report and RBI approval, rejecting challenge to communication of approval.

The petitioner, Chanda Deepak Kochhar, was the Managing Director and CEO of ICICI Bank. She joined the bank in 1984 and held various positions until h...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

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Bombay High Court Dismisses Employer's Challenge to Disability Certificate Issued by Medical Board in BEST Employee Case. The Court held that the employer cannot challenge the disability certificate without independent evidence, and the writ petition under Articles 226 and 227 is not maintainable.

The petitioner, Brihan Mumbai Electric Supply and Transport Undertaking (BEST), filed a writ petition under Articles 226 and 227 of the Constitution o...