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Bombay High Court Allows Second Appeal in Property Suit — Finds Lower Appellate Court Failed to Consider Evidence Properly Under Section 100 CPC. The Court held that the first appellate court must independently assess evidence and cannot merely affirm the trial court's findings without proper reasoning....

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Ahmednagar, in Regular Civil Appeal No. 40/...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse....

The present second appeal arises from a suit for possession filed by the respondents (original plaintiffs) against the appellants (original defendants). The trial court decreed the suit in favor of th...

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Bombay High Court Dismisses Petition Challenging Invalidation of Thakur Scheduled Tribe Certificates. The court held that the Scrutiny Committee correctly applied the area restriction under the Constitution (Scheduled Tribes) Order, 1950, and the petitioners failed to discharge the burden of proving residence in the specified localities....

The petitioners, Sanjay Bajirao More and Sharad Gulab More, challenged a common order dated 28 May 2015 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which invalidated their...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export....

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD) and other petroleum products by the petitioners t...

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Bombay High Court Allows Writ Petition for Appointment of Arogya Sevak from OBC and Project Affected Category. The court directed the respondents to consider the petitioner's claim for appointment from OBC and Project Affected Category in accordance with law....

The petitioner, Manisha Namdevrao Chole, filed a writ petition seeking a mandamus directing the respondents to consider her claim for appointment to the post of Arogya Sevak (Women) from OBC and Proje...

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Bombay High Court Dismisses Petitions Challenging Industrial Court Orders in Labour Dispute — Upholds Interim Relief Granted to Union Under Section 30(2) of MRTU & PULP Act, 1971. Industrial Court Has Jurisdiction to Grant Interim Relief Without First Deciding Maintainability of Complaint....

The case involves four writ petitions filed by industrial companies (M/s Saklecha Steel Industries Pvt. Ltd., M/s Sudesh Steel Industries Pvt. Ltd., M/s C.M. ReRolling Industries Pvt. Ltd., and M/s C....

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Bombay High Court Allows Petition of Primary Teachers' Association Challenging Circulars Imposing Residence Condition for House Rent Allowance. Government Resolution dated 05.02.1990 Dispensing with Residence Condition Prevails Over Impugned Circulars....

The petitioner, Maharashtra Rajya Prathamik Shikshak Sangh, Jalgaon, an association of primary teachers, filed a writ petition challenging Government Circulars dated 05.07.2008 and 03.11.2008 issued b...

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Bombay High Court Dismisses Writ Petition Challenging DRAT Order in Debt Recovery Matter — Equitable Mortgage Valid Despite Non-Registration Under Section 59 of Transfer of Property Act, 1882. Court holds that deposit of title deeds with intent to create security is sufficient to create an equitable mortgage, and non-registration does not invalidate the mortgage....

The petitioners, Messrs Eminent Agencies and another, challenged an order dated 28 June 2013 passed by the Debts Recovery Appellate Tribunal (DRAT) in Miscellaneous Appeal No.184 of 2010, which dismis...