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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings of Courts Below. Agreement for Sale of Immovable Property Held Valid, No Substantial Question of Law Arises....

The respondent (original plaintiff) filed a suit for specific performance of a contract for sale of immovable property against the appellants (original defendants). The plaintiff relied on a registere...

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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 dated 20th March 2012. The suit was filed by the pl...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Loss of Profit Claim Rejected Due to Flood Exclusion Clause. The court upheld the arbitrator's finding that 'inundation' was excluded under the Loss of Profit (Fire) Policy, and the claim was not maintainable....

The petitioner, Agrocel Industries Pvt. Ltd., was engaged in the production of Marine Chemical Bromine and had availed a 'Loss of Profit (Fire) Policy' from the respondent, United India Insurance Comp...

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Bombay High Court Dismisses Petition for Family Pension of Deceased Part-Time Librarian — Service Not Pensionable Under Maharashtra Civil Services (Pension) Rules, 1982. Part-time service does not qualify as pensionable service; no right to family pension arises....

The petitioner, Shri Mukund Marutirao Jagtap, filed a writ petition under Article 226 of the Constitution of India challenging the order/letter dated 14/07/2017 issued by Respondent No.2 (Education Of...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief of Income Escaping Assessment. Reopening Beyond Four Years Without Fresh Material Constitutes Change of Opinion on Same Set of Facts....

The petitioner, Gateway Leasing Pvt. Ltd., a non-banking financial company registered under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of India challenging a ...

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Bombay High Court Allows Petition of Librarian Seeking Pension, Holding Part-time Service Counts as Qualifying Service. The court directed the respondents to grant pension and other retirement benefits to the petitioner within eight weeks....

The petitioner, Pramodini Mangesh Rukari, was appointed as a part-time librarian at Bhakarai Secondary School, Fursungi, Pune from 08/06/1998 to 31/03/2006. She was then appointed as a full-time libra...

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Bombay High Court Allows Writ Petition of Freedom Fighter Seeking Pension Benefits — Quashes Rejection Order for Non-Application of Mind. Petitioner's claim for underground freedom fighter pension under Swatantrya Sainik Samman Pension Scheme, 1980 was rejected without considering earlier favorable report and division bench judgment....

The petitioner, Laxman s/o Rama Ghadge, an 85-year-old agriculturist from Ida, Tq. Bhoom, Dist. Osmanabad, filed a writ petition before the Bombay High Court (Bench at Aurangabad) challenging an order...

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Bombay High Court Allows Compassionate Appointment to Son of Deceased Teacher Despite Mother's Relinquishment and Delay. Minor's right to claim appointment after attaining majority upheld under Government Resolution....

The petitioner, Dnyaneshwar Musane, filed a writ petition challenging the rejection of his application for compassionate appointment by the Chief Executive Officer of Zilla Parishad, Parbhani. His fat...

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Bombay High Court Quashes Delay Condonation Order in State Appeal Against Acquittal — Lack of Sufficient Cause for 15-Month Delay. The court held that the State's explanation for delay was insufficient and set aside the order condoning delay under Section 5 of the Limitation Act, 1963....

The petitioners, original accused in R.C.C. No.554 of 2014, were acquitted by the Judicial Magistrate First Class, Beed on 03-07-2017 for offences under Sections 498A, 323, 504, 506 read with Section ...