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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963....

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miranda. The suits were dismissed by the trial court on...

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Bombay High Court Dismisses/Allows Petitions in JVPD Scheme Open Space Dispute — MHADA's Authority to Convert Garden Plots to Residential Use under Maharashtra Housing and Area Development Authority Act, 1976 Addressed. Detailed Legal Issues Including Consent Terms and Maintainability of Appeal Not Decided....

This common judgment deals with two writ petitions concerning the protection of open spaces in the Juhu Vile Parle Development Scheme (JVPD Scheme) at Juhu, Mumbai. Petitioners, including the Gulmohar...

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Bombay High Court Dismisses Management's Petition Challenging University Tribunal's Order of Reinstatement with Back Wages. Oral Termination of a Confirmed Lecturer Held Illegal as No Inquiry Was Conducted and Termination Was Not by Competent Authority....

The petitioners, a cooperative society and its affiliated colleges, challenged the judgment of the University Tribunal dated 6.11.1997, which allowed the appeal of respondent No.1 (Dr. Fakira Chintama...

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Bombay High Court Dismisses Management's Petition Challenging University Tribunal's Order of Reinstatement with Back Wages. Oral Termination of a Confirmed Lecturer Held Illegal for Violation of Natural Justice and University Statutes....

The petitioners, a cooperative society and its affiliated colleges, challenged the judgment of the University Tribunal dated 6.11.1997, which allowed the appeal of respondent No.1, Dr. Fakira Chintama...

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Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Lack of Material to Show Petitioner as 'Dangerous Person' Under Section 56(1)(b). Externment order set aside as the subjective satisfaction of the authority was not based on credible material and the order was passed without proper application of mind....

The petitioner, Rohit s/o Ramesh Nalawade, filed a Criminal Writ Petition before the Bombay High Court challenging the final order dated 02.05.2017 passed by the Divisional Commissioner at Aurangabad,...

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High Court of Bombay at Aurangabad Examines State's Criminal Appeal Against Acquittal in Murder Case Arising Out of Land Dispute. Accused Were Charged Under Sections 147, 148, 149, 302 IPC for Allegedly Attacking Deceased With Axes; Trial Court Acquitted Due to Inconsistencies in Evidence....

The State of Maharashtra filed an appeal against the acquittal of six accused in a murder case arising out of a land dispute. The prosecution case was that Gawalanbai Hanumant Dhakne (PW3), the inform...

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Bombay High Court Hears State Appeal Against Acquittal in Quadruple Murder Case Under Sections 302, 447 IPC. The Appeal Centers on Alleged Eye-Witness Testimony and Recovery of Weapon, With the Trial Court Having Found Material Contradictions and Benefit of Doubt....

The State of Maharashtra preferred a criminal appeal against the judgment and order dated 23 February 2000 passed by the Additional Sessions Judge, Dhule in Sessions Case No.26 of 1997, acquitting the...

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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC....

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declaration of ownership and perpetual injunction in resp...

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Bombay High Court Allows Withdrawal of Affidavit in Lieu of Examination-in-Chief Before Cross-Examination — Affidavit Not Part of Record Until Verification. Typographical Error in Affidavit Does Not Bar Withdrawal Under Order 18 Rule 4 CPC as Affidavit Becomes Evidence Only After Deponent Enters Witness Box....

The petitioner, Digambar Ramchandra Bawaskar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 5.12.2015 passed by the trial court in a civil suit. The ...