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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Lead Oral Evidence in Charity Proceedings. Section 73A of the Maharashtra Public Trusts Act, 1950 does not confer a right to lead oral evidence; only joinder and written submissions are permitted.

The petitioner, Sanket Janardan Bhase, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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Bombay High Court Hears Combined Second Appeals in Property Dispute Involving Individual and Charity. Substantial Questions of Law Frame the Priority of Gift Deed Over Sale Deed and Effect of Pending Litigation.

The judgment pertains to two second appeals preferred before the High Court of Judicature at Bombay, Aurangabad Bench, arising out of two civil suits ...

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Bombay High Court Dismisses Letters Patent Appeal Against Charity Commissioner's Enquiry Order in Trust Misappropriation Case. Res Judicata Not Applicable as Earlier Enquiry Was Not a Proper Enquiry on Merits.

The case involves a Letters Patent Appeal filed by Rustomjee Kerawalla Foundation against an order of the Learned Single Judge dated 31 July 2012. The...

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High Court of Bombay at Aurangabad Considered Challenge to Shirdi Sansthan Trust Resolution and Government Resolutions on Sanitation Funding. Petition Raised Questions of Statutory Utilization of Trust Funds under Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 for Municipal Services.

The matter involved two connected proceedings before the Bombay High Court, Aurangabad Bench: Writ Petition No. 6703 of 2020 filed by Shirdi Nagar Pan...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...