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Bombay High Court Grants Specific Performance of Flat Purchase Agreement in Exparte Decree — Developer Failed to Execute Sale Deed Despite Full Payment. Court Held That Registered Agreement for Sale Creates a Valid and Enforceable Contract, and Plaintiffs Are Entitled to Specific Performance Under Section 16 of the Specific Relief Act, 1963....

The suit was filed by Jayesh Gopaldas Sampat, his mother, and his wife (plaintiffs) against Paresh Satyendra Vohra and others (defendants) for specific performance of a flat purchase agreement. The de...

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Bombay High Court Dismisses Appeal by Employer in Workmen's Compensation Case — Deceased Labourer's Death Held Arising Out of Employment. Sub Divisional Officer, Telegraphs, Parbhani v. Kesharbai & Ors....

The case involves an appeal by the Sub Divisional Officer, Telegraphs, Parbhani against an order granting compensation to the widow and children of a deceased labourer, Bhaskar Vahule. The deceased wa...

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  • 131
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Bombay High Court Allows Petitioner's Writ Against Sessions Court Order Directing Surrender of Vehicles Seized in Criminal Case. Court holds that Magistrate's order under Section 457 CrPC for interim custody of seized vehicles cannot be modified by Sessions Court to impose conditions for repayment of loan to a third party....

The petitioner, Vishnu Ramchandra Bhagwat, was the accused in Crime No. I-94/2011 registered at Mukundwadi Police Station, Aurangabad, for offences under Sections 420, 468, 471, 120(B), 406, 323, 506 ...

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Bombay High Court Dismisses Petition Challenging Summons to Chairman of Complainant Society as Defence Witness in Negotiable Instruments Act Case. Chairman Not Examined as Prosecution Witness, Hence No Bar to Summon Him as Defence Witness Under Section 243 CrPC....

The petitioner, Kalika Nagari Sahakari Patsanstha Maryadit, a cooperative society, was the complainant in STC No. 531/2009 pending before the Judicial Magistrate (First Class), Ahmednagar, against the...

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  • 119
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High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No.23088/2011(MV) — Multiplier Corrected from 13 to 14 Based on Age of Claimant. The Court held that the Tribunal erred in applying multiplier 13 instead of 14 for a 46-year-old claimant, resulting in enhanced compensation for loss of future income and other heads under the Motor Vehicles Act, 1988....

The appellant, Shri Mahadev Basappa Hanchinmani, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 01/04/2011 passed by the ...

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  • 131
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Bombay High Court Allows Second Appeal Due to Inadequate Points for Determination by First Appellate Court Under Order 41 Rule 31 CPC. First Appellate Court Must Frame Proper Points and Decide All Issues as Final Court of Facts....

The appellant, Wadhumal son of late Sakhawatrai Khodecha, filed a second appeal before the Bombay High Court, Nagpur Bench, against the judgment and decree of the first appellate court in a civil suit...

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  • 179
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Bombay High Court Dismisses Petitions Challenging Denial of Minority Status to Educational Institution and Approval of Teacher's Termination. Institution fails to establish minority status under Article 30(1) of Constitution; teacher's termination upheld as institution not minority....

The judgment involves two writ petitions: one by Muslim Education Society challenging the denial of minority status to its institution, Moulana Azad Urdu High School and Junior College of Science, War...

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  • 212
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Bombay High Court Allows Appointment of SC Candidate Against ST Reserved Post Under Rule 9(9)(a) of MEPS Rules, 1981 — Section 4(1) of Maharashtra Reservation Act, 2001 Not Applicable. The Court held that the bar under Section 4(1) of the 2001 Act does not apply to appointments under Rule 9(9)(a) of the 1981 Rules, which permits appointment of a candidate from another reserved category if no candidate from the reserved category is available....

The petitioner, Nilesh Mahadeorao Dhakare, a Scheduled Caste candidate with H.S.S.C. and D.Ed. qualifications, applied for the post of Shikshak Sevak pursuant to an advertisement by respondents 3 and ...

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  • 153
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High Court of Bombay at Goa Allows Second Appeal in Land Dispute — Appellants' Possession and Cultivation Rights Upheld Over Respondent Company's Claim of Title. The Court held that the appellants, as original defendants, had established their possession and cultivation of the suit land for decades, and the respondent company failed to prove its title or possession, thereby reversing the appellate decree and restoring the trial court's dismissal of the injunction suit....

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the first appellate court which decreed a suit for injunction in favor of the original plaintiff...

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  • 141
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Bombay High Court Dismisses Appeal Against Refusal of Interim Stay in No Confidence Motion Case — No Fresh Motion Barred Under Section 35(3-A) of Bombay Village Panchayats Act, 1958 as First Motion Was Not Moved or Carried....

The appellant, Tatyasaheb Ramchandra Kale, was elected Sarpanch of Theur village panchayat in 2010. On 5 October 2011, a no confidence motion was initiated but the Tahsildar rejected the notice for no...

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High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

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