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High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society.

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a m...

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Bombay High Court Quashes Order Sending Victim to Corrective Institution in Immoral Traffic Case — Victim's Consent and Best Interest Not Considered. Father's Application Allowed; Victim to Be Released to Parental Custody.

The applicant, Nagar Macchindra Bhui, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order da...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence on Identity of Deceased and Homicidal Death. Circumstantial Evidence of Last Seen, Recovery, and Motive Found Insufficient to Sustain Conviction Under Sections 302 and 201 IPC.

The appellant, Nazir Pathyekhanvar, was convicted by the Sessions Judge, South Goa at Margao for the murder of Shanul son of Shajaan Sharif under Sect...

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Bombay High Court Dismisses Petition Challenging Sarpanch Election on Ground of Underage Candidate. Court Holds That School Leaving Certificate Is Valid Proof of Age and Petitioner Failed to Prove Candidate Was Below 21 Years at Time of Nomination Under Section 36 of Maharashtra Village Panchayat Act, 1959.

The petitioner, Santosh Vitthal Awate, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 2...

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INTERIM APPLICATION NO.1767 OF 2020

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Case Based on Subletting Without Consent Under Bombay Rent Act. Subletting Established Through Exclusive Possession and Receipt of Rent by Tenant from Subtenant.

The case involves a landlord (original plaintiff) who filed a suit for eviction against the tenant, M/s. Hitex Embroidery Pvt. Ltd., under the Bombay ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...

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Bombay High Court Allows Writ Petition for Time Bound Promotion of Bailiff in Subordinate Court. Petitioner denied assured promotional scale despite completing 12 years of service as per Government Resolution.

The petitioner, Shrirang Atmaram Nikam, was appointed as a Bailiff in the subordinate court on 17th April 1989 and was confirmed subsequently. He clai...

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Bombay High Court Dismisses Petitions Challenging Tender Cancellation and Re-Tender for Lease of Land for Hotel Development. MHADA's decision to cancel tender and invite fresh bids upheld as valid exercise of administrative discretion, not arbitrary or mala fide.

The Mumbai Housing and Area Development Board (MHADA) owned a plot of land in Powai, Mumbai, and invited tenders in November 2004 for a 90-year lease ...