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Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Bombay High Court Quashes Externment Order for Non-Application of Mind Under Section 56(1) of Bombay Police Act, 1951. Court held that mere registration of four offences without considering their disposal or acquittal does not justify externment, and appellate authority must apply its mind independently.

The petitioner, Sukhdev Dada Wagh, a resident of Kokamthan, Kopargaon, Ahmednagar, was issued a notice by the Sub-Divisional Police Officer on 15th Ap...

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Bombay High Court Dismisses Writ Petition Challenging Rent Recovery Decree — Concurrent Findings of Fact Not Interfered With Under Article 227. Small Causes Court had jurisdiction under Section 26 of Provincial Small Cause Courts Act, 1887 to decree arrears of rent.

The petitioner, original defendant, challenged the decree passed by the Small Causes Court at Nagpur in Regular Civil Suit No. 40/2000, which was conf...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Dismisses Petition Challenging Jurisdiction of Assistant Sessions Judge in Section 326 IPC Case. Assistant Sessions Judge Has Jurisdiction to Try Offences Punishable with Life Imprisonment, But Sentencing Power Limited to Ten Years Under Section 28(3) CrPC.

The petitioner, Prabhakar @ Babu Laxman Pawar, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 ...