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Bombay High Court Dismisses Petition Challenging Inclusion of Scheduled Areas in Palghar Municipal Council Limits. Court holds that notification under Municipalities Act prevails over earlier scheduled area declaration.

The petitioners, residents and members of Gram Panchayats of revenue villages Aliyali, Tembhode, Lokmanya Nagar, Vevoor, and Gholveera, filed a writ p...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — City Civil Court Has Jurisdiction Over Sublease Agreement Dispute. Part of Cause of Action Arose in Mumbai Where Agreement Was Executed and Defendant's Office Located.

The applicant, Diamond & Gem Development Corporation Limited, was the original defendant No.1 in Short Cause Suit No.818 of 2011 filed by respondent N...

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Bombay High Court Dismisses Appeal in Succession Act Case — Will Not Proven in Accordance with Indian Succession Act, 1925. Court held that propounder failed to prove due execution and attestation of will under Section 63 of the Indian Succession Act, 1925.

The appellant, Smt. Eugenia Rana, filed an appeal against the judgment and decree dated 30th April 1994 passed by the Civil Judge, Senior Division, Da...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Quashes Slum Acquisition Notice Against Cooperative Housing Society for Non-Compliance with Section 14(1) of Maharashtra Slum Act. Failure to Consider Petitioner's Compliance and Lack of Proper Inquiry Renders Acquisition Invalid.

The petitioner, The Reserve Bank Employees' Snehdhara Cooperative Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Consti...

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Bombay High Court Quashes Surplus Declaration and Absorption Order Against School Teacher for Violation of Rule 26 of MEPS Rules, 1981. Procedural Lapses in Declaring Employee Surplus and Transferring Without Consent or Opportunity of Hearing Lead to Setting Aside of Orders.

The petitioner, Amar Jaggnath Lavate, a teacher employed at Nutan Vidyalaya, Lote (now Kavita Vinod Saraf High School), was declared a surplus employe...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...