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Bombay High Court Allows Writ Petition Challenging Rejection of Interim Injunction in Tenancy Suit — Court Holds That Small Causes Court Must Consider Prima Facie Case for Injunction Without Deciding Tenancy at Interim Stage

The petitioners, Hansa Bhaskar Dave and Rajesh Bhaskar Dave, filed a suit (R.A.D. Suit No. 1094 of 2011) in the Small Causes Court, Mumbai, seeking a ...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Dismisses Petition Challenging Paternity Test Order in Maintenance Case Under Section 125 CrPC. Court Holds That DNA Test Is Necessary to Determine Father-Child Relationship When Paternity Is Disputed and No Other Evidence Exists.

The petitioner, Vinod Arlekar, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders passe...

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Bombay High Court Dismisses Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Bona Fide Need for Own Use and Acquiesced to Requisition for Over Two Decades.

The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3...

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Bombay High Court Dismisses Writ Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Entitlement as Requisition Was for Public Purpose and No Unauthorized Use Proven.

The Petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition under Article 226 of the Constitution before the Bomb...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Allows Protection in Service for Employee with Invalid Caste Certificate. Employee who gave up challenge to caste invalidation order granted reinstatement without back wages or reservation benefits.

The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate clai...