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Bombay High Court Interprets Section 55 of Indian Succession Act, 1925 to Determine Per Stirpes vs Per Capita Succession Among Lineal Descendants of Deceased Siblings. The court held that under Section 55, descendants of deceased brothers and sisters take per stirpes, not per capita, in intestate succession....

The suit was filed for administration of the estate of three deceased individuals: Edulji Ardeshir Choksey, Sheroo Ardeshir Choksey, and Ratan Ardeshir Choksey, who died intestate. They were children ...

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Bombay High Court Allows Landlord's Eviction Petition in Rent Control Dispute — Bona Fide Need for Demolition and Reconstruction Established. Administrative Tribunal's reversal set aside under Article 227 for failure to consider evidence of structural condition and landlord's requirement under Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968....

The petitioners (original applicants) filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 25/02/1991 passed by the Administrative Tribunal, Go...

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Bombay High Court Directs Appointment of Petitioner as Assistant Motor Vehicle Inspector in Union Territory of Dadra & Nagar Haveli — Selection Process Upheld Despite Alleged Irregularities. Petitioner's Legitimate Expectation of Appointment Recognized and Respondents Directed to Issue Appointment Letter with Back Wages....

The petitioner, Mr. Abhinav Dipakbhai Patel, filed a writ petition before the Bombay High Court seeking a direction to the respondents, including the Director of Transport Department, Union Territory ...

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Bombay High Court Quashes Removal Order of APMC Chairman for Non-Compliance with Section 17 of Maharashtra APMC Act — Resolution Not Passed by Requisite Majority. The court held that the requirement of a resolution by at least 10 members is mandatory and cannot be dispensed with....

The petitioner, Sharad Bapuraoji Deshmukh, was an elected Director and Chairman of the Agricultural Produce Market Committee, Wardha. The District Deputy Registrar, Cooperative Societies, Wardha, pass...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Non-Seasonal Employees in Ginning Factory. Employees working as Wireman and Press Driver held entitled to gratuity at fifteen days' wages per year under Section 4(2) of Payment of Gratuity Act, 1972, not seven days per season....

The case involves two writ petitions filed by Madhaodas Jankidas Mohta Ginning and Pressing Factory (the employer) challenging orders of the Controlling Authority under the Payment of Gratuity Act, 19...

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Bombay High Court Quashes FIR and Chargesheet in Criminal Trespass Case Due to Civil Nature of Dispute. Dispute over property possession and alterations held to be essentially civil in nature, not warranting criminal prosecution under Sections 447, 448, 453, 427 r/w 34 IPC....

The petitioners, Tahir Vasanali Isani and Zeenath Isani, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking quashing of FIR No.291/2013 dated 16/07/2013 and the chargesheet fil...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Inducement. Section 420 IPC requires deception from inception; mere failure to pay after cheque dishonour does not constitute cheating....

The petitioner, Sanjaykumar Kasliwal, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of FIR No. 86 of 2017 registered at Kranti Chowk Police Station, Au...

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CRIMINAL APPLICATION NO.6544 OF 2016...

The Criminal Application No. 6544 of 2016 was filed before the High Court of Bombay, Bench at Aurangabad, by nine applicants belonging to the Kothale family, residents of village Kothala, seeking quas...