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Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

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Bombay High Court Quashes Industrial Court's Order and Allows Written Statement in Appeal Under Industrial Employment (Standing Orders) Act, 1946. Industrial Court Must Permit Filing of Written Statement and Lead Evidence as Rule 13 of Bombay Rules Does Not Prohibit Pleadings in Appeal.

The writ petition arose from an appeal under the Industrial Employment (Standing Orders) Act, 1946, pending before the Industrial Court. The managemen...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment of Suicide. Acquittal upheld as prosecution failed to prove cruelty or instigation leading to suicide under Sections 498A, 306, 504, 506 read with 34 of Indian Penal Code, 1860.

The State of Maharashtra appealed against the judgment and order dated 28-1-2003 passed by the 2nd Ad-hoc Assistant Sessions Judge, Karad, acquitting ...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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Bombay High Court Dismisses Sons' Appeal in Gond Tribal Inheritance Dispute. Daughters of deceased Gond father held entitled to equal share in intestate property under Hindu Succession Act, 1956, as alleged customary exclusion of daughters was not proved.

The case involves a dispute between brothers and sisters belonging to the Gond tribe over the inheritance of their deceased father Bapurao Kodape's pr...

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High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. Held that claimants must prove income and negligence; Tribunal's award modified.

The case involves multiple appeals filed by the Oriental Insurance Company Limited against the judgment and award of the Motor Accidents Claims Tribun...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...