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High Court of Bombay at Nagpur Allows PIL Challenging MCI's Rejection of PG Seat Increase Applications for Lack of Consent of Affiliation. The court held that the requirement of Consent of Affiliation is directory and not mandatory, and that the MCI must process the applications on merits.

The Indian Medical Association, Nagpur, filed a Public Interest Litigation challenging a communication dated 28-12-2012 issued by the Board of Governo...

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Bombay High Court Dismisses Petition to Quash Rape and Dowry Case Based on False Promise to Marry. Sexual relationship on false promise of marriage constitutes rape and constructive cheating, and prima facie case is made out under Sections 376(2)(n), 420 IPC and Section 3(2)(v) SC/ST Act.

The petitioner, Adithya Krishnan, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of Special Case No. 4...

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High Court of Bombay at Goa Dismisses Wife's Appeal for Annulment of Marriage — Consent Not Vitiated by Fraud or Force. Registration of marriage under the Special Marriage Act, 1954 does not require a subsequent religious ceremony; failure to perform such ceremony does not invalidate consent.

The appellant, Yogita Kamlakant Chari, filed a Matrimonial Petition seeking annulment of her marriage with the respondent, Shekar P. Chari, on the gro...

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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...