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KAHC010422252008_1

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Bombay High Court Holds Amendment to Section 26 of Bombay Civil Courts Act Prospective, Not Applicable to Pending Appeals. Amendment increasing pecuniary jurisdiction of District Court from Rs.1 lakh to Rs.5 lakh does not apply to appeals already filed before the amendment came into force.

The Bombay High Court considered a reference arising from a learned Single Judge's order dated 4 March 2011, which formulated two questions regarding ...

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High Court of Judicature at Bombay Hears Challenge to Induction of Non-Legislator Ministers with Less Than Six Months Remaining in Assembly Term. Conformity of Such Induction with Article 164(4) of the Constitution of India Questioned.

The High Court of Judicature at Bombay heard two writ petitions under Article 226 of the Constitution of India filed by Vijay Namdeorao Wadettiwar (a ...

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High Court of Bombay Heard Appeal Against Dismissal of Widow's Partition Suit. Court Examined Claim of Absolute Ownership Under Section 14(1) Hindu Succession Act and Entitlement Under Jamkhandi State Act.

The dispute pertained to the joint Hindu family estate of Sir Parshuram Bhau Patwardhan, the erstwhile ruler of Jamkhandi, who died in 1924. His secon...

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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

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Bombay High Court Examines Applicability of Employees' Provident Funds Act to Pigmy Agents of Cooperative Banks. Writ Petitions Filed by Both Banks and Provident Fund Authorities Challenge Tribunal Orders on Coverage of Such Agents Under Section 18(3)(d) of Industrial Disputes Act, 1947.

A group of writ petitions came before the Bombay High Court, Nagpur Bench, filed by multiple cooperative banks and by the Assistant Provident Fund Com...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...