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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

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Bombay High Court Allows Revision Against Execution Proceedings in Mortgage Suit — Decree Holder's Assignee Need Not Prove Legal Heirship Under Order 21 Rule 16 CPC. The Court Held That the Executing Court Cannot Go Behind the Decree to Examine the Validity of Assignment.

The present Civil Revision Application arises from execution proceedings in a mortgage suit. The original decree holder, Kalubai, obtained a decree an...

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Bombay High Court Quashes NIT Orders in Gunthewari Regularisation Case — Violation of Natural Justice. Orders passed under Sections 3 and 4 of Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 set aside for lack of notice and hearing to plot holder.

The petitioner, Veena Waghela, filed a writ petition challenging two orders passed by the Chairman of the Nagpur Improvement Trust (NIT) under Section...

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Bombay High Court Dismisses Union of India's Challenge to Tribunal's Re-examination Direction in Postal Recruitment Case. Tribunal's Order to Re-conduct Paper-II Without Disturbing Paper-I Results Upheld as Balanced and Reasonable.

The case involves two writ petitions arising from a common judgment of the Central Administrative Tribunal, Mumbai Bench, dated 31 July 2015, concerni...

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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...