Bombay High Court

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Bombay High Court Allows Petition for Caste Certificate Based on Mother's Caste in Case of Child Reared by Single Mother. The court held that a child can claim the social status of the mother when the child has been reared by the mother and has no connection with the father's family, relying on Rameshbhai Dabhai Naika v. State of Gujarat....

The petitioner, Kasturi Sushma Khandekar, filed a writ petition challenging the order of the Caste Scrutiny Committee that invalidated her caste certificate claiming Mahar Scheduled Caste. The petitio...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Change in Law After Finance Act, 2021. Notice Issued Under Old Regime Held Invalid as Proceedings Must Conform to Amended Provisions, with Liberty to Initiate Fresh Proceedings....

The petitioner, Nitinkumar S/o Rishiram Agrawal, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 31.03.2021 issued under Section 148 of the Income Tax A...

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High Court of Bombay Dismisses Appeal in Probate Case — Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. Court upheld the grant of probate based on due execution and attestation of the will, rejecting allegations of undue influence and suspicious circumstances....

The judgment pertains to a First Appeal filed against the order of the Civil Judge, Senior Division, Khamgaon, in a probate case. The appellants, who were the original defendants, challenged the grant...

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Bombay High Court Allows Writ Petitions Challenging Mutation Entries and Revenue Records in Land Dispute — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Follow Natural Justice Before Making Entries Affecting Rights....

The judgment concerns two writ petitions filed by individuals challenging mutation entries made in revenue records in respect of certain lands. The petitioners claimed to be in possession of the prope...

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Bombay High Court Grants Injunction Against Use of 'RPG' Mark by Defendants in Passing Off and Trade Mark Infringement Suit. The court held that the Defendants' use of 'RPG' as a prominent feature in their trade name was deceptively similar to the Plaintiff's registered marks under the Trade Marks Act, 1999, and likely to cause confusion....

The Plaintiff, RPG Enterprises Limited, a multi-industry Indian conglomerate, filed a suit against the Defendants, Riju Ghoshal and Poulami Ghoshal, for infringement of its registered trade marks, inf...

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Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992....

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High Court in a commercial suit filed by several invest...

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Bombay High Court Allows Appeal by Housing Society Against Stay on Conveyance Certificate Under MOFA — Upholds Competent Authority's Order for Unilateral Execution of Conveyance Deed. The court held that the trial court failed to consider the statutory scheme of Section 11(4) of MOFA and the society's prima facie right to conveyance....

The appellant, Sukruti Apartment Co-operative Housing Society Ltd., was formed by flat purchasers of a building constructed by the promoter, Sukruti Builders, on a plot of land purchased in 1979. The ...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable....

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appellants and others) seeking partition and separate p...

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Bombay High Court Allows Second Appeal in Agreement to Sell Dispute — Rescission of Contract and Possession Granted. Appellant entitled to rescind agreement and recover possession as respondent failed to prove readiness and willingness to perform contract under Section 53A of Transfer of Property Act, 1882....

The appellant, Kishan Ghorpade, filed a suit for rescission of an agreement to sell dated 17.06.1978 and for possession of the suit property, claiming that the respondent, Shivaji Thombre, had failed ...