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Bombay High Court Quashes Process Order Against Public Servants for Lack of Sanction Under Section 197 CrPC. Acts of Demanding Permission to Put Up Society Board Held to Be in Discharge of Official Duty, Requiring Prior Sanction....

The petitioners, five individuals who were office bearers of 'Shri. Sant Tukaram Nagari Sahakari Path Sanstha', a cooperative society, challenged the order dated 09/05/2022 passed by the Judicial Magi...

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CRIMINAL CONFIRMATION CASE NO. 02 OF 2024...

The case stems from Crime No. 634 of 2022 registered at Kalamna Police Station for multiple offences including murder (Section 302 IPC), attempted murder (Section 307 IPC), causing hurt (Section 323 I...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster....

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appellants/defendants. The suit property was ancestral j...

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Bombay High Court Dismisses Petition Challenging Impleadment in Heirship Certificate Case — Claimant's Right Based on Sale Deed from Deceased Constitutes Sufficient Interest. Respondent No.2's Application Under Order 1 Rule 10 CPC Allowed as He Claims Ownership of Property Through Sale Deed Executed by Deceased Prakash Ausekar....

The petitioner, Seema Prakash Ausekar, along with respondent nos. 3 to 5, filed Civil Miscellaneous Application No. 28/2021 before the Civil Judge Senior Division, Pandharpur, seeking a heirship certi...

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Bombay High Court Dismisses Petitioners' Challenge to Cooperative Society Elections Due to Laches and Alternative Remedy. Petitioners failed to challenge election notification in time and did not exhaust remedy under Section 152 of Maharashtra Co-operative Societies Act, 1960....

The petitioners, who are members of Deshbhakta Ratnappanna Kumbhar Panchaganga Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, filed two writ petitions challenging the election process of ...

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High Court of Bombay at Goa Reduces Sentence of Appellant in Child Assault Case Under Goa Children's Act, 2003 and IPC Section 323. The court held that the sentence of one year imprisonment and fine of Rs. 1,00,000 under Section 8(2) of the Goa Children's Act, 2003 was disproportionate and reduced it to the period already undergone with a reduced fine of Rs. 25,000....

The appellant, Dinesh Gawas, was convicted by the Children's Court for the State of Goa at Panaji in Special Case No. 113/2015 for offences under Section 323 IPC and Section 8(2) of the Goa Children's...

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Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Cooperative Bank Dispute — No Interference Under Article 227 as Concurrent Findings of Fact and Law Are Not Perverse. The Court upheld the recovery certificate issued under the Multi-State Cooperative Societies Act, 2002, finding no jurisdictional error or violation of natural justice....

The petitioner, TJSB Sahakari Bank Ltd., a multi-state cooperative bank, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 30th June 2023 pa...

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Bombay High Court Hears Writ Petition Challenging Order Denying Bifurcation of Co-operative Housing Society, Examining Section 18 of Maharashtra Co-operative Societies Act, 1960. The court considers whether separate plot, independent utilities, and federal society report satisfy bifurcation criteria despite lack of majority consent from all members....

The writ petition under Article 226 of the Constitution challenged the order dated 28 August 2019 passed by the revisional authority confirming the reversal of an order bifurcating the Momin Gujarat C...

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Bombay High Court Partly Allows Insurance Appeal in Motor Accident Injury Claim — Reduces Compensation Due to Deduction of Mediclaim Amount and Adjusts Multiplier. Driver's Licence Validity Upheld as Light Motor Vehicle Licence Covers Tempo Under Section 10(2)(d) of Motor Vehicles Act, 1988....

The appeal arises from an Award dated 1st February 2024 passed by the Motor Accident Claims Tribunal, Mumbai in Application No.626/2017, awarding compensation of Rs.58,54,183/- with interest at 7.5% p...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree....

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil Suit No.76 of 1996 for partition and separate pos...