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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

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Bombay High Court Dismisses Petition Seeking EWS Quota Benefit for Lateral Entry in B.Pharm Course. Rule 13(h) of Information Brochure does not provide for EWS reservation at institutional level for direct second year admission.

The petitioners, Dattakala College of Pharmacy and two students (Yash A Gandhi and Athrava C Ghadyalji), filed a writ petition under Article 226 of th...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records — Dispute Over Agricultural Land Succession and Partition. Mutation entries under Section 149 of Maharashtra Land Revenue Code, 1966 do not confer title; civil suit for declaration of title is appropriate remedy.

The petitioners, claiming to be heirs of the original owner of agricultural land, challenged mutation entries made in favor of the respondents in the ...

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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death Due to Truck Driver's Negligence. Insurer failed to prove breach of policy conditions; award of Rs.29,51,000/- with 7% interest confirmed under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow and son of Mahendra Sonawane, who died in a collision on 21 February 2007. The deceased...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction. Court holds that IOD does not confer immunity from action for illegal construction beyond sanctioned plans under MRTP Act, 1966.

The appellant, Parvez M. Yusuf, filed a suit challenging a notice issued by the Municipal Corporation of Greater Mumbai under Section 53(1) of the Mah...

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Bombay High Court Dismisses Petition Challenging Compulsory Retirement Due to Non-Joinder of Necessary Party. Petitioner failed to implead Bombay Municipal Corporation as respondent, rendering petition not maintainable.

The petitioner, Krutaram Adityaram Dhyani, was an employee of the Bombay Municipal Corporation. He was compulsorily retired from service by an order d...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...