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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Supreme Court Cancels Bail of Accused in Interstate Child Trafficking Case Due to Perverse High Court Orders and Absconding Accused. Bail Granted Without Considering Gravity of Offences Under Sections 363, 311, 370(5) IPC and Organized Nature of Racket.

The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 acc...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Grants Bail to Accused in MCOCA Case Due to Lack of Satisfactory Material and Long Incarceration. The court held that the twin conditions under Section 21(4) of MCOCA were not satisfied as there was no material to show the applicant was a member of an organised crime syndicate.

The applicant, Pradeep s/o Gyanchand Raisoni, filed an application for regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA)...

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Bombay High Court Dismisses Society's Petition Challenging Membership of Garage Owners. Co-operative Housing Society Cannot Deny Membership to Garage Owner Under Section 22 of Maharashtra Co-operative Societies Act, 1960 Despite Bye-law Restriction.

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged the orders of the Deputy Registrar and Divisional Joint Registrar dir...

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Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

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Bombay High Court at Goa Allows Writ Petition of Minor Child Seeking Passport Renewal — Citizenship by Birth Not Lost Due to Mother's Foreign Nationality. Passport Cannot Be Denied to Indian Citizen on Ground of Single Parent Being Foreign National Under Passports Act, 1967.

The petitioner, a minor girl aged about 16 years, was born on 27.10.2007 in Margao, Goa, India, to Indian parents. Her parents married in Goa in 2007....

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Bombay High Court Dismisses Petition Challenging Cancellation of Gift Deeds Under Senior Citizens Act, 2007. Gift Deeds Executed by Mother in Favor of Younger Son and Daughter-in-Law Declared Null and Void Due to Lack of Free Consent and Failure to Provide Maintenance.

The case involves a petition filed by Ashwin Bharat Khater and his wife Ruchi Ashwin Khater (petitioners) challenging an order dated 12 April 2022 pas...