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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Bombay High Court Dismisses Petition for Scheduled Tribe Certificate as 'Chatri' Not Equivalent to 'Chattri' in Constitutional Order. Court holds that entries in the Constitution (Scheduled Tribes) Order, 1950 cannot be altered or added to by judicial interpretation.

The petitioner, Ku. Srushti D/o Ganesh Dikondwar, filed a writ petition before the Bombay High Court at Nagpur challenging an order of the Scheduled T...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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High Court of Bombay Considers Writ Petition Challenging Industrial Court’s Recognition of Trade Union Under MRTU & PULP Act. Recognition Granted Based on Retrospective Membership Payments Raises Question of Legal Validity.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 3 March 1998 of the Industrial Cour...

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Bombay High Court Dismisses Writ Petition Challenging Municipal Council Election for Lack of Jurisdiction Under Article 226. Election Dispute Must Be Raised by Election Petition Under Section 16 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioner, Jagannath Gawaji Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Considers Service Protection Claims in Caste Invalidation Cases After Supreme Court Overrules Full Bench Decision. Supreme Court in FCI v. Jagdish Balaram Bahira Overrules Arun Sonone, Potentially Denying Protection to Petitioners Whose Scheduled Tribe Certificates Were Invalidated.

The judgment arose from a batch of writ petitions filed before the Bombay High Court, Nagpur Bench, wherein petitioners sought protection in service a...