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BMC is charged 2 lakh in fees by the Bombay High Court for filing a review case against a 2019 judgment that was “without substance.” – know more

By Justuce Bench by By Justuce Bench
October 6, 2022
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The Brihanmumbai Municipal Corporation (BMC/ MCGM) was charged costs of 2 lakh by the Bombay High Court on Monday in the matter of The Municipal Corporation of Greater Mumbai & Ors versus Zenith Tins Private Limited & Anr.

The review petition was condemned by a bench of Justices GS Patel and Gauri Godse as a “abuse of a Court’s procedure.”

After taking into account an affidavit submitted by a person named Sudhakar Ramkrishna Mahajan on behalf of the BMC, a 2019 order in a lease dispute that made a rule absolute was under review by the BMC.

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The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

The review request was made on the grounds that after the 2019 order, Estate Department staff members searched through old documents and found information that essentially proved Mahajan’s affidavit allegations to be false. The Court noted that the affidavit claimed that Mahajan had perused the available pertinent data, and it questioned why the sifting could not have been done prior to filing.

In addition, the Court noted that it was not explained to it how the case fit under Order 47 or Section 114 of the Code of Civil Procedure (CPC), and in particular, how, given the circumstances, the MCGM could be deemed to have shown “due effort” in finding the evidence.

The Court dismissed the review petition with costs of 2 lakh due to the original petitioner, stating that it was completely devoid of any substance.

[Read Order]

The Municipal Corporation of Greater Mumbai & Ors vs Zenith Tins Private Limited & Anr.pdf
Tags: abuse of court processBMCBombay high courtBrihan mumbai Municipal CorporationReview Petition
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