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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Upholds Conviction for Murder and Attempt to Murder in Chain of Assaults — Evidence of Eye-witnesses Found Credible Despite Minor Inconsistencies

The case involves an appeal by Mohan @ Bapu and his father Khushal against their conviction by the Additional Sessions Judge, Chandrapur, in Sessions ...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Supreme Court Upholds Retrospective Application of Section 157 Amendment in Land Reforms Dispute. Simultaneous Amendment of Section 157(1)(a) Read with Section 21(h) of U.P. Zamindari Abolition and Land Reforms Act, 1951, Given Retrospective Effect to Avoid Frustrating Legislative Intent.

The dispute pertained to the status of Sukhram Singh and Laiq Singh as Adhivasis or Asamis under the U.P. Zamindari Abolition and Land Reforms Act, 19...