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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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High Court of Bombay Quashes Caste Validity and Show Cause Notice in Municipal Election Dispute Due to Procedural Lapses. Rival Candidate Locus Standi Recognized; Matter Remanded for Fresh Verification Following Madhuri Patil Guidelines.

Two writ petitions arose from the municipal council elections in Patur, District Akola, concerning the caste certificate of Syed Mujahid Iqbal, who cl...

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Bombay High Court Dismisses Writ Petition in Central Excise Appeal Limitation Case — Commissioner (Appeals) Has No Power to Condon Delay Beyond 60 Days Under Section 35 of Central Excise Act, 1944. Appeal filed beyond 90 days from order date cannot be entertained.

The petitioner, M/s Sheetal Enterprises, a manufacturer of industrial lubricants, availed benefit of Nil rate of duty for export under Rules 13 and 14...

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Bombay High Court Considers Whether Denial of Admission to Medical College Under SC Quota to Son of Resident Government Servant on Ground of Parental Migration Violates Rights. Issue Pertains to Interpretation of UT Reservation Policy Clause on Migration.

The petitioners, a father and son, approached the High Court of Bombay under Article 226 of the Constitution of India by way of a writ petition challe...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...