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High Court Sets Aside Remand Order in Specific Performance Suit — District Judge Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Deciding Pending Applications. The Court Held That Remand Is Permissible Only When Decree Is Reversed and Retrial Is Necessary, Not When Appellate Court Has Not Decided Pending Interlocutory Applications....

The appellant, Mahadeo Ramchandra Chikate, filed Special Civil Suit No.31/2007 for specific performance of an agreement of sale dated 15.07.2006 concerning agricultural land Gat No.131/1 at village Pa...

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Bombay High Court Allows Appeal Against CESTAT Order Dismissing ROM Application as Time-Barred. Time Limit Under Section 129B(2) of Customs Act, 1962 Applies Only to Suo Moto Rectification, Not to Applications Filed by Parties....

The appellant, M/s. Allied Fibers Ltd., imported capital goods between October 1994 and September 1995. A show cause notice was issued on 24.03.1998 demanding customs duty under Section 59 of the Cust...

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Bombay High Court Revokes Leave for Representative Suit in Tata Group Shareholder Dispute. Court holds that shareholders of different listed companies lack the same interest required under Order 1 Rule 8 CPC....

The Plaintiffs, claiming to be shareholders of various listed companies of the Tata Group, filed a representative suit under Order 1 Rule 8 of the Code of Civil Procedure, 1908 on behalf of all non-pr...

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Bombay High Court Hears Criminal Appeal in Drowning Deaths of Two Minor Daughters Under Section 302 IPC. Trial Court Had Convicted Appellant and Sentenced Her to Life Imprisonment Based on Circumstantial Evidence of Last Seen Together and Abscondance....

The criminal appeal was filed by Mankarnabai against the judgment dated 26 June 2001 of the Sessions Judge, Dhule, convicting her under Section 302 IPC and sentencing her to life imprisonment for the ...

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High Court of Karnataka Allows OCI Cardholders to Appear for CET and Other Entrance Exams — OCI Cardholders Are Eligible for Admission to Professional Courses Under Karnataka State Quota as Per Central Government Orders....

The judgment concerns a batch of writ petitions filed by OCI (Overseas Citizen of India) cardholders, including Soundarya Muthumari, who sought directions to the Karnataka Examinations Authority (KEA)...

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Bombay High Court Partially Allows Appeal for Enhanced Compensation in Land Acquisition Case — Market Value of Irrigated Land Fixed at Rs.1,50,000 per Hectare. Land Acquisition Act, 1894 — Classification of land into dry/irrigated categories set aside; compensation for all 475 orange trees awarded....

The appellant, Liladhar s/o Pandurangi Pohane, owned agricultural land bearing survey No.10 admeasuring 7.35 hectares at village Pimpalgaon, Tahsil Arvi, District Wardha. The land was acquired by the ...

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High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Upholds Tribunal's Compensation Award for Death of Motorcyclist. Negligence of Bus Driver Established as Primary Cause of Accident, Not Contributory Negligence of Deceased....

The appellant, the Controller of Maharashtra State Road Transport Corporation (MSRTC), filed an appeal against the judgment and award dated 17/01/2012 passed by the Chairman, Motor Accident Claims Tri...

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Bombay High Court Dismisses Petition Challenging Land Allotment to MHADA for Bidi Workers Housing. Petitioner's Claim of Prior Application for Same Land Not Established, Allotment Under Maharashtra Land Revenue Rules Upheld....

The petitioner, a society running a technical institution, challenged the order dated 19.09.2002 passed by the Collector, Nagpur, allotting 5.12 hectares of land out of Survey Nos. 23A, 23B and 36/10 ...

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Bombay High Court Allows Contractor's Petition, Quashes Royalty and Penalty Demand for Excavation of Minor Mineral at Railway's Instance. Contractor Not Liable Under Section 48(7) of Maharashtra Land Revenue Code, 1966 as Excavation Was Done Under Instructions of Landowner Railways....

The petitioner, Rakesh P. Verma, a government civil contractor, was engaged by Respondent No. 3, South East Central Railway, Nagpur, under an agreement dated 31.12.2003 for raising a platform. At the ...

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Bombay High Court Allows Appeal by Acquiring Body in Land Acquisition Compensation Case — Reduces Enhanced Compensation for House Acquisition. Court holds that Reference Court erred in relying on sale instances of open plots to determine value of constructed house, and that deduction for depreciation and structure value must be applied....

The case involves an appeal by the Vidarbha Irrigation Development Corporation (the Acquiring Body) against the judgment of the Civil Judge (Sr.Dn.), Amravati, which enhanced compensation for the acqu...