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CUSTOMS APPEAL NO. 100 OF 2012

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Bombay High Court Considers Challenge to Office Memorandum Allowing Post Facto CRZ Clearance for Permissible Activities. Environmental Organization Contended That the 2021 Circular Contravenes Mandatory Prior Clearance Requirement Under the Environment (Protection) Act, 1986.

The present Public Interest Litigation invoked the jurisdiction of the Bombay High Court under Article 226 of the Constitution of India challenging th...

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Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Bombay High Court Allows Interim Application in Waqf Property Dispute — Status Quo Maintained Pending Final Hearing. Court holds that interim protection is necessary to preserve the subject matter of the suit and prevent irreparable loss to the applicants.

The present matter is an interim application filed in a suit pending before the Bombay High Court. The applicants, Masjid and Madarsa Gausiya (a regis...

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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...