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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Allows Writ Petition Challenging Invalidation of Scheduled Tribe Certificate. Prior Validity Certificate of Father and Judicial Declaration in Favour of Uncle Held Binding on Scrutiny Committee.

The petitioner, Sumit Bawane, challenged the order dated 29.12.2017 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur, which invali...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Allows Petitions Challenging Caste Scrutiny Committee's Invalidity Orders in Thakar Tribe Certificate Cases. Held that the Committee failed to consider relevant documents and applied incorrect principles, violating principles of natural justice.

The judgment concerns four writ petitions filed by members of the Chitale family challenging orders of the Scheduled Tribe Certificate Verification Co...

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Bombay High Court Directs Deputy Director of Education to Decide on Shalarth Identity Grant for Approved Teacher. Administrative Inaction Cured by Court Order Directing Timely Decision on Pending Proposal.

The petitioner, Shri Yogesh Jaysing Patil, a teacher appointed at Sonyachi Shiroli High School, had his appointment and services approved by the Educa...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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High Court of Karnataka Allows Writ Petition in Service Dispute — Upholds Appointment of Assistant Public Prosecutor. The Court held that the selection committee's decision was not vitiated by bias or procedural irregularity, and the Tribunal's order setting aside the appointment was erroneous.

The petitioner, Ashok Kumar, was appointed as Assistant Public Prosecutor-cum-Assistant Government Pleader by an order dated 10.11.2010. The third res...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Bombay High Court Dismisses Petitions Challenging Termination of Employees Appointed Without Following Statutory Recruitment Rules in Education Sector. Appointments Made Without Approval of Competent Authority and Without Following Reservation Policy Are Void Ab Initio.

The Bombay High Court, Nagpur Bench, disposed of four writ petitions filed by employees challenging their termination from service. The petitioners we...