Search Results for "Section 171"

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Dispute Over Agricultural Land Inheritance and Partition. Court Held That Mutation Entries Do Not Confer Title and Remedy Lies Before Civil Court.

The petitioners, eleven individuals from the Jarande family, filed a writ petition before the Bombay High Court challenging a mutation entry (Entry No...

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Bombay High Court Quashes Detention Order in M.P.D. Act Case Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. Detenu's alleged criminal activities were law and order issues, not public order, and the Detaining Authority failed to consider the detenu's bail status.

The petitioner, Namrata Avinash Kadu, wife of the detenu Avinash Vasant Kadu, challenged the detention order dated 11th February 2022 passed by the Co...

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High Court of Bombay at Nagpur Bench Allows Writ Petition Against Bank for Withholding Title Deeds After Full Loan Repayment — Section 171 of Indian Contract Act, 1872 Does Not Confer Right of General Lien on Banks Over Security Documents Once Loan Is Fully Discharged.

The petitioner, Sunil s/o Ratnakar Gutte, approached the High Court of Bombay at Nagpur Bench by way of a writ petition against Union Bank of India. T...

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Bombay High Court Upholds Life Imprisonment for Husband in Murder Case Based on Circumstantial Evidence and Motive. Conviction under Section 302 IPC for killing wife by setting her on fire confirmed as dying declaration and medical evidence corroborated prosecution case.

The appellant, Dinkar Uttam Gharte, was convicted by the Additional Sessions Judge, Dhule, for the murder of his wife Yogita under Section 302 IPC and...

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Bombay High Court Dismisses Petition Seeking Voting Rights for APMC Representatives in Legislative Council Elections. Agricultural Produce Market Committee Not a Local Authority Under Article 171 of the Constitution of India.

The petitioner, Radhakishan Deorao Pathade, Chairman of the Super Agricultural Produce Market Committee (APMC), Aurangabad, filed a writ petition seek...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...