Bombay High Court

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High Court of Bombay at Goa Allows Amendment of Plaint in Suit for Declaration and Injunction — Subsequent Events Must Be Permitted to Avoid Multiplicity of Proceedings. The Court held that the Trial Court's partial rejection of amendment was arbitrary and not judicious, and set aside the impugned order under Article 227 of the Constitution of India....

The Petitioner, Mr. Suvarn Rajaram Bandekar, filed a suit for declaration and permanent injunction against the Respondent, Mr. Armando Cardozo (since deceased, represented by legal representatives), i...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that the second appeal under Section 100 of the Code of Civil Procedure, 1908 does not permit re-appreciation of evidence unless a substantial question of law arises....

The judgment arises from a second appeal filed by the original plaintiff against the dismissal of his suit for declaration of title and permanent injunction by the trial court and the first appellate ...

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High Court of Bombay at Goa Upholds Conviction for Attempt to Murder and House Trespass — Iron Pipe Assault on Advocate in Office. Evidence of Victim and Medical Testimony Found Credible; No Prejudice from Absence of Written Charge Sheet....

The appellant, Eknath Naik, was convicted by the Additional Sessions Judge, Panaji, for offences under Sections 307 (attempt to murder) and 452 (house trespass after preparation to cause hurt) of the ...

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Bombay High Court Quashes No-Confidence Motion Against Sarpanch for Violation of Section 35 of Maharashtra Village Panchayats Act — Motion Held Invalid Due to Non-Compliance with Mandatory Procedure...

The petitioner, Smt. Kalimun Balaso Nadaf, was the Sarpanch of Grampanchayat Udgaon. Respondent Nos. 3 to 11 submitted resignations from the post of members, but the resignations were not accepted. Su...

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Bombay High Court Quashes MHADA Cancellation of Flat Allotment for Non-Payment Due to Non-Issuance of Demand Letter. Petitioner's Allotment Cannot Be Cancelled Without Issuance of Formal Demand Letter Under Regulation 18(1) of MHADA (Disposal of Land) Regulations, 1992....

The petitioner, Sandeep Uttam Bodke, applied for allotment of a flat under the Lower Income Group (LIG) category in response to an advertisement issued by the Maharashtra Housing and Area Development ...

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Bombay High Court Allows Writ Petition Challenging Mutation Entry Based on Unregistered Will — Revenue Authorities Directed to Delete Entry and Restore Original Names. Mutation Entry Does Not Confer Title; Revenue Authorities Must Follow Procedure Under Maharashtra Land Revenue Code, 1966....

The petitioners, thirteen residents of Ghatshendra, Kannad, filed a writ petition challenging the mutation of their names in the revenue records in respect of agricultural lands. The respondents, Parb...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908....

The case pertains to a second appeal filed by the original defendants (appellants) against the judgment and decree passed by the first appellate court, which confirmed the trial court's decree in favo...

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Bombay High Court Allows Compensation for Death of Passenger Who Fell from Train Due to Jerk While Over-Traveling. Over-traveling due to falling asleep is an unintentional mistake and does not disentitle a bonafide passenger from claiming compensation under Section 16 of the Railway Claims Tribunal Act, 1987....

The appellants, the widow and minor daughters of Ravi Sahare, filed a claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, after Ravi Sahare died on 26.09.2015 while trave...