Bombay High Court

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Bombay High Court Quashes Cancellation of Non-Creamy Layer Certificate in Service Appointment Case Due to Lack of Material Prejudice. Suppression of Income Facts Did Not Affect Eligibility as Actual Income Was Below Threshold, and Petitioner Had Served for Over a Decade....

The petitioner, Razvi Shabana Mazhar Ali, was appointed to a service post based on a non-creamy layer certificate issued to her father on 12.08.2006, which was required for availing 30% reservation fo...

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Bombay High Court Allows Writ Petitions Challenging Scrutiny Committee Orders Denying Scheduled Tribe Certificates. Tokre Koli Scheduled Tribe Claim Upheld Based on Pre-1950 Documents and Affidavits....

The petitioners, Tushar Pandurang Baviskar and Rohan Ganesh Sonawane, residents of Jalgaon, filed writ petitions challenging orders of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Reg...

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Bombay High Court Allows Withdrawal of Revenue Appeal in Service Tax Exemption Case Based on Policy Decision to Reduce Litigation. Department permitted to withdraw appeal against assessee's claim for exemption under Notification No. 13/2003-ST for sugarcane harvesting and transport services....

The Commissioner of Customs, Central Excise & Service Tax, Nashik II Commissionerate filed an appeal under Section 35G of the Central Excise Act, 1944 read with CENVAT Credit Rules against M/s Suvarna...

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Bombay High Court Allows Petition Against Suo Motu Appointment of Next Friend Under Order XXXII Rule 15(3) CPC — Trial Court Must Hold Enquiry Before Finding Litigant of Unsound Mind. The court held that a litigant cannot be compelled to appoint a next friend without a proper enquiry into mental capacity....

The petitioner, Sushma Kanpathak, filed a writ petition before the Bombay High Court challenging an order dated 13/06/2016 passed by the Trial Court in HMP No.183/2014. The Trial Court had suo motu di...

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Bombay High Court Allows Petition of Family Members Challenging Additional Collector's Order Setting Aside Mutation Entry in Partition of Hindu Undivided Family Land. Third Party Without Locus Standi Cannot Oppose Mutation Entry Among Family Members....

The petitioners, Manikchand Hiralal Nahar and his two sons, filed a writ petition challenging the order of the Additional Collector, Beed, which set aside mutation entry No.735. The mutation entry per...

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Bombay High Court Dismisses Tenant's Revision Against Eviction Decree in Rent Control Case — Non-User and Bonafide Requirement Established. Tenant failed to occupy suit premises for over six months and landlord proved reasonable bonafide requirement for residence of his son under Sections 16(1)(n) and 16(1)(g) of the Maharashtra Rent Control Act, 1999....

The present Civil Revision Application was filed by the tenant (applicant) under Section 115 of the Code of Civil Procedure, 1908, challenging the concurrent judgments of the Small Causes Court, Bomba...

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Bombay High Court Allows Land Acquisition Appeal Due to Non-Supply of Award Copy with Notice Under Section 12(2) of Land Acquisition Act, 1894. The Court Remanded the Matter for Fresh Consideration on Merits, Holding That Limitation for Reference Under Section 18 Runs Only When Notice Is Accompanied by Copy of Award....

The appellant, Ashok Nagpure (since deceased, represented by legal representatives), filed a reference petition under Section 18 of the Land Acquisition Act, 1894, being dissatisfied with the Award da...

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Bombay High Court Allows Enhanced Compensation for Well in Land Acquisition Case — Appellant Claimant Entitled to Rs. 1,00,000 for Well Constructed in Acquired Land. Court Held That Existence of Well Was Proved by Oral and Documentary Evidence, and Reference Court Erred in Rejecting Claim Without Proper Appreciation....

The appellant, Mohd. Mustak Mohamad Ismail, was the owner of land admeasuring 0.44 R out of Gat No. 1630 at village Shirala, Amravati, which was acquired by the respondents for the Amravati to Narkhed...

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Bombay High Court Allows Revision Against Court Fee Order in Declaration Suit — Sale Deed Void Not Sought. Section 6(iv)(ha) of Bombay Court Fees Act applies only when declaration that sale is void is sought, not when declaration that sale is not binding on plaintiff is sought....

The applicant, Common Piru Caudhari, filed a civil suit in the court of Civil Judge, JD, Malegaon seeking declarations that certain sale deeds dated 25.2.2013 and other specified sale deeds were not b...

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Bombay High Court Dismisses Writ Petition Seeking Freedom Fighter Pension for Alleged Participation in Quit India Movement. Petitioners failed to provide contemporaneous documentary evidence of participation in freedom struggle as required under the Swatantrata Sainik Samman Pension Scheme, 1980....

The judgment pertains to a writ petition filed by 14 individuals seeking freedom fighter pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The petitioners claimed to have participated ...