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Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Karnataka High Court Quashes Compounding Fee Demand Under Section 96(4) of Karnataka Land Revenue Act, 1964 for Want of Prior Conversion of Patta Land. Quarrying Activity Commenced When Law Did Not Require Conversion as per Shakeel Pasha v. N. Sivasailam, Hence No Violation of Section 95.

The petitioner, a mineral company holding three quarrying licences granted in 2000 and 2002 for extraction of pink granite on patta agricultural lands...

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High Court of Bombay Quashes Scrutiny Committee Order and Directs Issuance of Validity Certificates to Petitioners Claiming Mahadev Koli Scheduled Tribe Status. Father's Existing Validity Certificate Ignored by Committee, and Hyper-Technical Affinity Test Rendering Order Invalid.

The petitioners, two brothers Saurabh Ashok Jadhav and Nikhil Ashok Jadhav, claimed to belong to the Mahadev Koli Scheduled Tribe and had obtained cas...

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Bombay High Court Dismisses Section 34 Petitions Against Partial Arbitral Awards in Koyna Hydro Electric Project Sub-Contract Dispute. Challenge to awards failing on grounds of settlement and coercion under Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Patel Engineering Co. Ltd. (th...

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ARBITRATION PETITION NO.891 OF 2010

The case arises from arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards. The peti...

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Bombay High Court Delivers Judgment on Challenge to Disqualification of Councillors for Defying Party Whip. The Court Examines Whether the Collector's Order Disqualifying Councillors Under Section 3(1)(b) of Maharashtra Local Authority Members' Disqualification Act, 1986 Was Legally Sustainable.

The case arose from the election of the President of Ausa Municipal Council after the post fell vacant due to the resignation of the sitting President...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...