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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Institute for Manpower Planning and Career Training (IMPACT), an educational society, filed a writ petition under Articles 226 and 227...

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Bombay High Court Grants Probate of Will Dated 12 December 1996 in Testamentary Suit — Will Proved to be Genuine and Duly Executed. Court holds that attesting witnesses' testimony and dismissal of caveats establish the will as the last testament of the deceased.

The present Testamentary Suit was filed by the Plaintiffs, who are executors named in the Will dated 12th December 1996 of Yashwantilika Narottamdas D...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Dismisses Petition Challenging Invalidation of Caste Certificate — Petitioner Failed to Prove 'Momin Ansari' Caste by Contemporaneous Documents. Scrutiny Committee's Order Upheld as Based on Proper Appreciation of Evidence Under Article 226.

The petitioner, Naziya Banu Abdul Hafiz Ansari @ Jabbar Sofi, filed a writ petition under Article 226 of the Constitution of India challenging an orde...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Upholds Bond Obligation for Super-Speciality Doctors in Public Medical Colleges — Service Condition and Penalty Valid Under Article 226. Doctors Who Completed D.M./M.Ch. Courses Must Serve Two Years or Pay Rs.25 Lakhs Penalty as Per Government Resolution Dated 8 February 2008.

The petitioners, comprising 62 doctors in the first petition and 69 in the second, were doctors who had either completed or were pursuing super-specia...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Bombay High Court Dismisses State's Application to Cancel Anticipatory Bail in Abetment of Suicide Case. Family Dispute Over Child's School Admission Does Not Constitute Abetment Under Section 306 IPC.

The State of Maharashtra filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of anticipatory bail ...