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Bombay High Court Allows Writ Petition Challenging Stay Order Under Section 10 CPC — Stay Cannot Be Granted Before Issues Are Framed. The court held that an application for stay under Section 10 CPC is not maintainable unless issues are framed in the suit, as the identity of the matter in issue can only be ascertained after framing of issues....

The petitioner, Mr. Shaikh Hamid Ali Nasir Ali, filed a Writ Petition challenging an order dated 19 January 2013 passed by the learned Judge, City Civil Court, Mumbai, which allowed Notice of Motion N...

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Bombay High Court Quashes Externment Order for Violation of Natural Justice and Non-Compliance with Section 57(1)(a) of Bombay Police Act, 1951. Petitioner Externed Without Show Cause Notice or Opportunity of Hearing, and Without Evidence of Habitual Offending or Threat to Public Order....

The petitioner, Dattatraya Ramchandra Jadhav, challenged an externment order dated 15th October 2012 passed by the Sub-Divisional Magistrate, Satara, externing him from Satara District for two years, ...

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Bombay High Court Quashes Process Under Section 630 of Companies Act Against Widow of Former Employee — Acquiescence by Company in Civil Proceedings Bars Criminal Action. Company's Consent to Possession in High Court Minutes of Order Precludes Invocation of Section 630 of Companies Act, 1956 Against Legal Heir....

The petitioner, Ramona Garware, challenged the criminal process issued against her under Section 630 of the Companies Act, 1956 by the Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mu...

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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association....

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction. The plaintiff had obtained an order from the tria...

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Bombay High Court Allows Appeal Against Ad-Interim Injunction in Balcony Construction Dispute - Unauthorized Construction Cannot Be Protected by Injunction. The court held that an injunction cannot be granted to protect an unauthorized construction, as the balance of convenience lies with the party complaining of the illegal structure....

The appeal arises from an order of the City Civil Court, Bombay, granting an ad-interim injunction in favor of the plaintiff (Respondent No.1) to protect the construction of a balcony outside his flat...

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Bombay High Court Dismisses Second Appeal by Defendants, Confirming that Document Dated 05.06.1953 is a Mortgage, Not an Agreement of Sale. The Court Upheld the Concurrent Findings of the Lower Courts that the Transaction was a Loan with Possession of Land as Security, and the Plaintiff was Entitled to Possession....

The respondent/plaintiff filed a suit for declaration that a document dated 05.06.1953, styled as an agreement of sale (Isar Pawati), was actually a mortgage deed, and for possession of the suit land....

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Lease and Possession — Upholds Concurrent Findings on Title and Adverse Possession. The court held that the appellants failed to prove adverse possession and that the lower appellate court's findings were not perverse, thus no interference under Section 100 CPC....

The case involves two second appeals arising from a property dispute over two plots of land in survey no.7 and survey no.6 at Nanded. The Nanded Sachkhand Huzursaheb Achpalnagar Gurudwara Board (the B...

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Bombay High Court Dismisses Writ Petition Seeking Reduction of Punishment from Removal to Reversion in Disciplinary Matter. Petitioner's challenge to rejection of representation for reduction of punishment fails as court finds no grounds to interfere with the decision of the disciplinary authority....

The petitioner, Suresh Gangadhar Dharasurkar, a retired government servant, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the decision of the Secretary, Public Work...

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Karnataka High Court Upholds Reinstatement of Contractual Workmen in BESCOM Case — Compensation Reduced to Rs.75,000 Each. Workmen Appointed on Contract Basis for Specific Period Held Entitled to Reinstatement with Continuity of Service but Without Backwages Under Industrial Disputes Act, 1947....

The case involves writ appeals filed against an order of a learned Single Judge who upheld the award of the Labour Court but directed payment of Rs.75,000 as compensation to each workman. The workmen ...