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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Witnesses in Murder Trial — No Prima Facie Case for Additional Accused. Summons Issued Without Proper Application of Mind as Evidence Did Not Satisfy Test of Strong Suspicion Under Section 319 CrPC.

The case involves two criminal revision petitions filed under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 (CrPC). The petitione...

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Bombay High Court Quashes Permission to Sue Under Section 51 of Maharashtra Public Trusts Act for Violation of Natural Justice. Notice to Proposed Defendant Trust Mandatory Before Granting Consent to File Civil Suit.

The petitioner, Shri Shivaji Shikshan Sanstha, Amravati, challenged an order dated 3.7.2019 passed by the Assistant Charity Commissioner, Bhandara, wh...

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Bombay High Court Dismisses Writ Petition Challenging Return of Section 34 Application for Lack of Jurisdiction. Court Holds That Under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, Jurisdiction Lies With the Court Where Arbitration Is Conducted, Not Where the Petitioner Resides.

The petitioner, Dr. Ravindra Balaji Govindwar, challenged an arbitral award dated 21.12.2013 passed by the arbitrator (respondent no. 6) in proceeding...

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Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...

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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...