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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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Bombay High Court Allows Petition in Evidence Act Case — Bailiff's Report Held Public Document Under Section 74. Certified Copy Admissible Under Section 77, But Trial Court Must Give Opportunity to Rebut Contents.

The petitioner, Sushilkumar Mandanlal Ganediwal, was the original defendant no.1 in a civil suit for declaration and possession filed in the Court of ...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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High Court of Bombay Sets Aside Exparte Divorce Decree Due to Non-Compliance with Summons Service Rules. Family Court Failed to Require Affidavit of Bailiff or Examine Him as Mandated by Rule 19 of Family Court Rules, 1988 and Order V Rules 17, 19 of Code of Civil Procedure, 1908.

This is an appeal filed by the husband against an exparte decree of dissolution of marriage granted by the Family Court, Aurangabad on the grounds of ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed.

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challengi...

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Bombay High Court Sets Aside Ex Parte Divorce Decree for Lack of Proper Service of Summons in Hindu Marriage Act Case. Service of summons must be at correct address and refusal must be properly proved; ex parte decree without proper service is a nullity.

The appellant, Deepali Pratap Sonawane, the wife, challenged the judgment and decree dated 10th February 2012 passed by the Family Court, Aurangabad i...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...