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Bombay High Court Upholds Interim Injunction in Property Dispute — Appellate Court's Order Based on Material Evidence Not Interfered With. First Appellate Court Granted Temporary Injunction Restraining Defendant from Encroaching on Plaintiff's Land Pending Appeal, Considering Panchanama and Other Evidence....

The petitioner, Subhash Bhiku Navarat, was the defendant in a suit filed by the respondent, Balkrishna Kashiram Shigvan, seeking perpetual injunction and mandatory injunction regarding suit property. ...

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Bombay High Court Allows Petition to Set Aside Ex Parte Restoration Order Due to Misleading Adjournment — Defendants Denied Opportunity of Hearing. Court holds that restoration of suit without notice to defendants violates principles of natural justice and Order IX Rule 13 CPC....

The petitioner, Patel Engineering Limited, was the original defendant in Short Cause Suit No.2987 of 2002 filed by the respondent, United Real Estate and Builders Private Limited, for injunction. The ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement — Delay of 4 Years Not Condoned as No Sufficient Cause Shown. Trial Court's Order Upheld as Neither Illegal Nor Perverse Under Order 8 Rule 1 CPC....

The petitioners, original defendants in Regular Civil Suit No.1118/1998 pending before the 3rd Joint Civil Judge, Junior Division, Aurangabad, challenged the order dated 10.12.2002 passed by the trial...

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Bombay High Court Dismisses Revision Application in Settlement of Accounts Suit — Rejects Application Under Order 7 Rule 11 CPC for Lack of Cause of Action. Plaintiff's Suit for Settlement of Accounts and Recovery of Amount Held Maintainable as Cause of Action Arises from Alleged Breach of Contract and Agency Relationship....

The plaintiff, Rajendra Vinayakrao Ayachit, proprietor of M/s Raj Sales Corporation, Latur, filed Special Civil Suit No.212/2008 before the Civil Judge, Senior Division, Latur, against the defendants,...

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Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession....

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they were the owners and in possession of a property, and...

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Bombay High Court Quashes Compulsory Retirement of District Judge Due to Non-Communication of Adverse Remarks. Adverse CR Entries Without Communication Violate Principles of Natural Justice Under Rule 19 of Maharashtra Judicial Services Rules, 2008....

The petitioner, a judicial officer, challenged an order dated 26 February 2010 passed by the Principal Secretary and Legal Advisor, Law and Justice Department, Mantralaya, Mumbai, compulsorily retirin...

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Bombay High Court Dismisses Petition Challenging Denial of Industrial Park Scheme Benefits. Interpretation of Section 80IA(4)(iii) of Income Tax Act, 1961 and Industrial Park Scheme 2002 requires strict compliance with conditions for deduction....

The petitioners, M/s. Silver Land Developers Pvt. Ltd. and others, filed a writ petition under Article 226 of the Constitution challenging an order dated 21 February 2011 passed by the Empowered Commi...

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Bombay High Court Quashes Communication Denying Benefit Under Section 47 of Persons with Disabilities Act, 1995. Employee Acquiring 30% Disability During Service Held Entitled to Same Pay Scale and Service Benefits Irrespective of Section 2(t) Threshold of 40% Disability....

The petitioner, an employee of Western Coalfields Ltd., suffered a disability while in service. He approached the employer seeking benefits under Section 47 of the Persons with Disabilities (Equal Opp...

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Bombay High Court Quashes Penalty Orders Under Maharashtra Felling of Trees Act for Violation of Natural Justice. Personal Hearing Not Afforded Despite Show Cause Notice, Orders Set Aside and Remitted for Fresh Consideration....

The petitioner, M/s. Aronda Properties Pvt. Ltd., filed two writ petitions challenging orders dated 10.5.2011 and 25.3.2011 passed by the Deputy Tree Officer & Range Forest Officer, Sawantwadi, imposi...