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Bombay High Court Quashes Disqualification of Gram Panchayat Members for Non-Submission of Caste Validity Certificates — Holds That Disqualification Under Section 10(1A) of the Maharashtra Village Panchayats Act, 1959 Requires Prior Opportunity of Hearing and Cannot Be Automatic.

The petitioners, three women elected as Sarpanch and Members of Gram Panchayat Kshetra Mahuli, challenged an order dated 11th February 2025 passed by ...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

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Bombay High Court Allows Criminal Writ Petition of Divorced Wife in Domestic Violence Act Case — Subsistence of Marriage Not Required for Maintainability. Economic Abuse After Divorce Can Be Addressed Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Ms. Aradhana Walkade, and the respondent, Mr. Chandrashekar Vaidya, were married on 8/8/2001 and had a daughter. They were divorced by...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Condemns Police for Illegal Detention of Senior Citizens in Domestic Violence Case — Violation of Article 21 of Constitution of India. Police Detention of Senior Citizens Without Warrant Held Unconstitutional Under Article 21.

The Bombay High Court dealt with a criminal writ petition filed by five petitioners, including Niraj Ramesh Jariwala, his parents (Ramesh Vitthaldas J...