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Bombay High Court Dismisses Writ Petition Against Eviction Order Under Public Premises Act — Maintainability Challenge Rejected. Division Bench Holds That Writ Petition Under Article 226 Is Maintainable Despite Availability of Revision, and That a Division Bench Has Jurisdiction to Hear Such Petitions....

The petitioner, Mr. Nusli Neville Wadia, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order passed by the Principal Judge, City Civi...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher in Minority Educational Institution. Termination Order Set Aside for Violation of Natural Justice and Non-Compliance with Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Sudhakar S/o Ramakantrao Chandorikar, was appointed as an assistant teacher in Sonamata Vidyalaya (Secondary), run by Sonamata Shikshan Sanstha, a minority educational institution. He ...

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Bombay High Court Dismisses Teachers' Association Challenge to Government Circular on Teacher Deployment in Zilla Parishad Schools. Circular dated 6th October 2008 held to be within government's policy-making power and not arbitrary....

The petitioner, Maharashtra Rajya Prathmik Shikshak Samiti, an association of primary teachers, filed a writ petition challenging a Government Circular dated 6th October 2008 issued by the State of Ma...

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Bombay High Court Allows Second Appeal in Hindu Succession Act Case — Section 23 Amendment Not Retrospective. Lower Appellate Court erred in applying 2005 amendment to partition suit filed before amendment, shares to be determined under pre-amendment law....

This second appeal arises from a judgment dated 29/7/2009 passed by the learned District Judge-I, Pandharkawda in Regular Civil Appeal No.69/2004. The original defendants (appellants) challenged the l...

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High Court of Bombay at Goa Allows Writ Petition and Quashes Decree in Suit Under Section 90 CPC — Decree Obtained Without Written Agreement and Necessary Parties Violated Natural Justice. Decree Passed in Civil Suit No. 48/2008 by District Judge Set Aside as Not Maintainable Under Order XXXVI CPC Without Agreement in Writing of All Interested Parties....

The dispute arose from a registered sale deed dated 10.07.2007, by which the petitioner, M/s. Balaji Property and Developers, purchased property bearing Survey Nos. 224/1, 224/2 and 224/3 at village J...

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Bombay High Court Dismisses Bail Appeal in POTA Case for Mulund Bomb Blast Accused. Appellant's claim of illegal detention and fresh evidence under RTI did not warrant bail due to serious allegations and lack of changed circumstances....

The appellant, Adnan Bilal Mulla, was accused no.15 in POTA Special Case No. 2 of 2003, arising from three bomb blasts in Mumbai Central (6/12/2003), Vile-Parle (27/1/2003), and Mulund (13/3/2003). He...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act, 1961 for Lack of Reason to Believe — Amount Received on Retirement from Partnership Firm Held to be Capital Receipt Not Chargeable to Tax....

The petitioners, Prashant S. Joshi and Dattaram Shridhar Bhosale, were partners in a real estate development partnership firm. They retired from the partnership on 11th March 2005 and 31st March 2005 ...

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Bombay High Court Hears Writ Petition Challenging Draft Voters List for Agricultural Market Committee. The Court Issued Rule and Heard Arguments on the Validity of Inclusion of Traders Based on Alleged Ineligibility Under the Maharashtra Agricultural Produce Marketing (Regulation) Act, but the Final Order is Not Available in the Provided Text....

The petitioner approached the High Court by way of a writ petition under Article 226 of the Constitution of India, challenging the legality of the draft voters list prepared for the traders' constitue...

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Bombay High Court Dismisses Husband's Challenge to Maintenance Award Under Section 125 CrPC — Upholds Wife and Child's Right to Maintenance Despite Husband's Allegations of Adultery and Illegitimate Child....

The applicant husband challenged the maintenance order passed by the Judicial Magistrate First Class, Shevgaon, which granted monthly maintenance of Rs.500/- to his wife (respondent No.1) and Rs.400/-...

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High Court Dismisses Appeal in Land Acquisition Case Due to Adequate Compensation Assessment. No Further Enhancement Granted as Market Value Already Determined Based on Settlement Under Section 18 of Land Acquisition Act, 1894....

The appeal was filed by landowners against the award of compensation for land acquired by the State of Punjab for the construction of the Sutlej Yamuna Link Canal. The Land Acquisition Collector initi...