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Bombay High Court Restores Injunction in Land Dispute — Consolidation Scheme Error and Possession Report Justify Interim Protection. Appellate Court's Reversal Set Aside as It Ignored Material Evidence of Possession and Acquisition....

The petitioners, original plaintiffs, filed a suit for injunction restraining the respondents from interfering with their possession over land bearing Gat No.669. The dispute arose from a consolidatio...

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Bombay High Court Hears Challenge to Joint Charity Commissioner's Sanction for Redevelopment of Trust Property Under Bombay Public Trusts Act. Petitioners Contended that Sanction Was Granted Without Disposal of Mandatory Application Under Section 36(1)(c) and Without Independent Scrutiny, Alleging Suppression of Material Facts....

The writ petition challenged the order dated 6th May 2010 passed by the Joint Charity Commissioner granting sanction under Section 36(1)(a) of the Bombay Public Trusts Act, 1950, for alienation and re...

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Bombay High Court Allows Execution of Order Under Section 36 CPC Despite Not Being a Decree — Remands for Consideration Under Order 21 Rule 32 CPC. The Court held that an order is executable under Section 36 CPC and the Executing Court must adjudicate on willful disobedience before invoking Order 21 Rule 32....

The petitioner, original defendant in a suit, sought execution of an order dated 4-10-2004 passed in Appeal from Order No.831 of 2009, which recorded a statement by the plaintiff's counsel that the he...

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Bombay High Court Upholds Trial Court's Order Allowing Amendment of Plaint in Partition Suit — Amendment Sought to Correct Survey Numbers Based on Fresh Information. Pre-trial Amendment Under Order 6 Rule 17 CPC Allowed as No Prejudice Caused to Defendants....

The case arises from a partition suit filed by the original plaintiff (Respondent No.1) seeking partition and possession of ancestral properties described in Schedules A, B, and C. Schedule A containe...

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Bombay High Court Quashes Criminal Proceedings in Forgery Case Due to Lack of Sanction Under Section 195 CrPC — Complaint Based on Alleged Forged Document Used in Civil Suit Requires Prior Sanction for Prosecution Under Sections 463, 464, 465, 466, 470, 471, 196 IPC....

The applicants, Sumitrabai Trimbak Khanderay and Trimbak Tukaramji Khandaray, filed a criminal application under Section 482 CrPC seeking to quash the judgment and order passed by the learned Adhoc Ad...

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Bombay High Court Allows Revision Against Addition of Accused by Trial Court in Criminal Case — Police Discretion in Investigation Upheld. The trial court cannot direct addition of accused named in FIR but not chargesheeted without following Section 319 CrPC....

The revision applicants, Pravin s/o Manikrao Naik and Manikrao s/o Anandrao Naik, challenged the order dated 18.11.2006 passed by the learned Adhoc Additional Sessions Judge in Sessions Trial No. 64/2...

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Bombay High Court Dismisses Accused's Petition to Quash FIR Under SC/ST Act and Refusal of Discharge. The Court held that mere allegations of malafide and prior enmity do not justify quashing the FIR without trial, applying the stringent test from Bhajanlal's case....

The petitioner, a builder, faced criminal prosecution under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a complaint filed by respond...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Eviction Orders Under Goa Rent Control Act. Petitioner's Application to Set Aside Ex-Parte Eviction Order Rejected Due to Lack of Sufficient Cause for Non-Appearance....

The petitioner, Jaiprakash Chintaman Sardessai, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court at Goa, challenging the judgment and orders of the Ren...