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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Allows Appeal in Land Acquisition Case, Remands for Fresh Compensation Determination. Mere Survey Entries Do Not Establish Tenancy Under Goa Agricultural Tenancy Act, 1976.

The appellant, Shri Ratnakar Rama Parab, owned land admeasuring 1192 sq. mtrs. in Orgao, Ponda, Goa, which was acquired by the State for the public pu...

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Bombay High Court Quashes Cancellation of Waqf Board Member Appointment for Lack of Power Under Waqf Act, 1995. State Government Cannot Cancel Membership Except Through Specific Provisions for Disqualification or Removal Under Sections 16, 19, or 20 of the Act.

The petitioner, Shaikh Mahemud S/o Shaikh Mahebub, was appointed as a member of the Maharashtra State Waqf Board by the State Government vide notifica...

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Bombay High Court Allows Petition Challenging Policy Circulars in SEIS Benefits Case — Circulars Imposing Additional Conditions for Service Providers Held Ultra Vires. Shipping Agent Entitled to SEIS Benefits as Service Provider Under Foreign Trade Policy.

The petitioner, Atlantic Shipping Private Limited, a shipping agent providing port services and logistical support to foreign clients, challenged the ...