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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 10.1.2003 Validly Enforced Despite Subsequent Sale to Appellant, as Appellant Was Not a Bona Fide Purchaser Without Notice....

The dispute pertains to land bearing Gat No.1120 admeasuring 38 Are situated at Mouza Pimpalgaon Raja, Taluka Khamgaon, District Buldana. The plaintiff, Govinda S/o Namdeo Jumle, entered into an agree...

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High Court of Bombay at Nagpur Enhances Compensation in Motor Accident Claim — Deceased Head Constable's Dependents Awarded Enhanced Amount with Interest. Negligence of Trax Cruiser Driver Established; Tribunal's Finding of Contributory Negligence Set Aside Under Section 166 of Motor Vehicles Act, 1988....

The appellants, being the widow, children, and mother of deceased Ganesh Khanjode, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 15,00,000/- for...

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Bombay High Court Dismisses Petition Challenging Sealing Order Under Section 18 of Immoral Traffic (Prevention) Act, 1956 — Petitioner Failed to Show Prejudice from Procedural Irregularities. Typographical Error in Designation of Authority Does Not Vitiate Order When Power Was Validly Conferred....

The petitioner, Smt. Sharada Premlal Chhadi, aged 65 years, was the occupier of House No.6, City Survey No.175/528, Nagpur. She was allegedly running a brothel in the said premises. The Commissioner o...

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Bombay High Court Dismisses Petitioner's Claim for Seniority from Date of Joining as Typist in Common Cadre Case. Voluntary shift to Junior Clerk prior to creation of common cadre disentitles petitioner to claim seniority from original date....

The petitioner, Smt. Minakshi Prakash Akhare, joined as a Typist on 15/10/1984 in the Industrial Training Institute, Chandrapur. On 11/9/1989, she voluntarily opted for the post of Junior Clerk, which...

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High Court of Bombay at Goa Quashes Regularisation of Encroachment on Communidade Land in Public Interest Litigation. Administrative Tribunal's Order Regularising Unauthorised Construction by Minister Set Aside for Lack of Jurisdiction and Violation of Communidade Land Protection Laws....

The petitioner, an advocate and public spirited citizen, filed a Public Interest Litigation challenging the order of the Administrative Tribunal (respondent No.3, later deleted) dated 27th September 2...

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High Court of Bombay at Goa Allows State Appeal in Sexual Assault Case — Sanction Under Section 197 CrPC Not Required for Acts Unconnected with Official Duty. The court held that sexual harassment by a public servant is not an act in discharge of official duty, and thus no prior sanction is needed under Section 197 CrPC....

The State of Goa, through the Public Prosecutor (Women's Police Station, Panaji), filed an appeal against the judgment and order dated 29/06/2010 passed by the learned Sessions Judge, Panaji, which se...

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Bombay High Court Dismisses Petitions Challenging Revenue Tribunal Order in Land Tenancy Dispute. Concurrent findings of fact that petitioners failed to prove tenancy rights under Maharashtra Tenancy and Agricultural Lands Act, 1948 upheld....

The petitioners, Pradip Vasudeo Ekbote and others, filed four writ petitions under Article 227 of the Constitution of India challenging a common order dated 22 March 2013 passed by the President of th...

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Bombay High Court Directs Authorities to Decide Pending CRZ Clearance Application for SRA Project Within Four Weeks. Delay in Decision on Coastal Regulation Zone Clearance Cannot Be Justified by Pendency of New Coastal Zone Management Plan....

The petitioners, M/s. Mayurpunkh Fine Builders Pvt. Ltd. and others, including a co-operative housing society, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hi...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Decree for Possession of Waqf Property. Defendants' claim of adverse possession fails as Waqf property is not subject to adverse possession under Section 107 of the Waqf Act, 1995....

The case involves a civil revision application filed by the original defendants (petitioners) against the decree passed by the Maharashtra Waqf Tribunal at Aurangabad in Waqf Suit No.21/2007. The resp...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind....

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against the respondents (legal heirs of the original defend...