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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC....

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge-I, Akot, in Regular Civil Appeal No.25 of 2009, w...

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Bombay High Court Allows Petition Challenging Withdrawal of Affiliation Without Hearing. Academic Council's Decision Under Section 91 of Maharashtra Universities Act, 1994 Set Aside for Violation of Natural Justice....

The petitioners, Vidarbha Vikas Mahila Bal Kalyan Shikshan Sanstha and Akola College of Journalism, challenged the decision of the Academic Council of Sant Gadge Baba Amravati University withdrawing a...

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High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced....

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Margao, in Special Civil Suit No. 137/2006. The impug...

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High Court of Bombay at Goa Addresses Public Interest Litigation on Noise Pollution from Unauthorized Bars and Restaurants in Anjuna; Directs State to Implement Measures. Noise Pollution Violations by Shacks and Late-Night Parties Deemed Infringement of Right to Life under Article 21; Court Notes Comprehensive Steps by State but Emphasizes Need for Continued Vigilance...

The Public Interest Litigation (PIL) was filed by sixteen residents of St. Michael Vaddo, Anjuna, Goa, against the State of Goa, its authorities, and several private bar and restaurant operators. The ...

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Bombay High Court Allows Writ Petition Challenging Excise Duty Demand on Molasses Based on Principle of Judicial Discipline. The court held that when all other show cause notices on identical facts were withdrawn, the remaining notice could not be sustained, applying the principle of judicial discipline under the Central Excise Act, 1944....

The petitioner, M/s Shree Satpuda Tapi Parisar Sahkari Sakhar Karkhana Ltd., a sugar factory, filed a writ petition challenging an order of the Customs, Excise and Service Tax Appellate Tribunal (CEST...

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High Court Allows Bank Appeal, Holds Guarantors Liable for Loan Recovery; Trial Court's Dismissal Against Guarantors Reversed. Equitable Mortgage by Deposit of Title Deeds Valid and Suit Within Limitation as Guarantors Agreed to be Bound by Principal Borrower's Acknowledgment....

The dispute arose from a loan recovery suit filed by Allahabad Bank against the principal borrower and six guarantors. The bank had sanctioned a loan of Rs. 10 lakhs to the first defendant on 12 Febru...

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High Court Dismisses Writ Petition Challenging Rejection of Nomination Paper, Holds Election Petition is the Only Remedy. Article 329(b) of the Constitution bars interference by writ courts in election matters, including rejection of nomination....

The petitioner, Sri J. Joseph Solomon, filed a writ petition under Article 226 of the Constitution of India challenging the rejection of his nomination paper as an independent candidate for the Bangal...

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Karnataka High Court Allows Second Appeal in Specific Performance Suit Due to Failure to Prove Agreement of Sale. Agreement of Sale Not Proved as Attesting Witnesses Not Examined and Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963....

The appellant, Chanabasanagouda, was the defendant in a suit for specific performance filed by the respondent, Umeshgouda (since deceased, represented by legal representatives). The suit was based on ...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Remission for Prisoner Who Escaped from Open Prison. Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 held not violative of Article 14 as it applies uniformly to all prisoners who escape or attempt to escape....

The petitioner, Shalik Maruti Kowe, was convicted for murder under Section 302 of the Indian Penal Code on 23 June 1997 and sentenced to life imprisonment. He was initially lodged at Amravati Central ...