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Bombay High Court Allows Second Appeal and Decrees Suit for Possession Entirely in Favor of Original Plaintiff. Persons Named in Fraudulent Mutation Entries and Land Development Bank Are Not Necessary Parties Under Sections 47, 48, and 118(5) of the Maharashtra Cooperative Societies Act, 1960.

The second appeal before the Bombay High Court arose from a suit for declaration and possession of agricultural lands filed by the original plaintiff ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholding Concurrent Findings on Title and Possession. Adverse Possession Claim Fails as Appellant Failed to Prove Hostile Possession for Statutory Period Under Limitation Act, 1963.

The case involves a second appeal filed by the original defendant (appellant) against the concurrent judgments of the trial court and first appellate ...

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Bombay High Court Allows Second Appeals in Land Suit Based on Adverse Possession and Limitation. Concurrent findings of possession and limitation reversed as courts below misapplied Article 65 of the Limitation Act, 1963 and failed to consider that the suit was barred by limitation.

The case involves two second appeals filed by two brothers, Vijay and Yashwant Gaikwad, challenging a common judgment and decree dated 7.12.2010 passe...

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Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...