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Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Eye-Witness. Claimant entitled to compensation as rash and negligent driving established through documentary evidence and circumstances under Section 166 of Motor Vehicles Act, 1988.

The appellant, Nitin Narayanrao Magar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of...

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Bombay High Court Allows Appeal in Trust Dispute, Sets Aside Removal of Trustees Under Bombay Public Trust Act. Court holds that the Charity Commissioner's order removing trustees was without jurisdiction as the dispute was not a 'change' under Section 22 of the Act.

The case involves a dispute among trustees of an educational trust registered under the Bombay Public Trust Act, 1950. The appellants, who were truste...

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High Court Allows Writ Petition Quashing Recovery Order Against Retired Teacher -- Pensionary Benefits Ordered to Be Released Under Article 226 and Supreme Court Guidelines

The petitioner, a retired teacher, filed a writ petition under Article 226 of the Constitution of India to quash an order dated 08.06.2007 that direct...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Cancellation in Public Works Contract. Court holds that cancellation due to lack of competition and failure to meet essential conditions is valid and does not require prior notice to bidders.

The petitioner, Waterfront Constructions Private Limited, challenged the cancellation of a tender issued by the respondent authorities for a public wo...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

The case pertains to a second appeal filed by the original defendants (appellants) against the judgment and decree passed by the first appellate court...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus for Insurance Compensation for Crop Loss Due to Pest Attack. Court holds that pest attack is not an insured peril under the Crop Insurance Scheme and that the petitioner failed to establish any legal duty or right to claim compensation.

The petitioner, Libaraj s/o Tulshiram Tikle, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

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Bombay High Court Considers Quashing of Criminal Proceedings Against Public Servants for Offences Under Sections 420, 468, 471 IPC. Sanction Under Section 197 CrPC Analyzed in Context of Alleged Forged Mutation Entries by Land Records Officials.

These criminal applications and writ petitions arose from FIR vide Crime No.06 of 2020 dated 04.01.2020 registered with Tuljapur Police Station, Distr...