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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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Bombay High Court Upholds School Tribunal Order Reinstating Teacher with 50% Back Wages in Termination Dispute. Management's claim of abandonment of service rejected as termination letter was issued without proper inquiry.

The petitioners, Late Sanjay Gandhi Shikshan Prasarak Mandal and Shri Rajeshwar Secondary School and Junior College (collectively 'Management'), chall...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Allows Sarpanch's Petition Against Disqualification for Encroachment on Government Land — Interpretation of Section 14(1)(j-3) of Maharashtra Village Panchayat Act, 1959 Requires Encroachment to be on Government Land as Defined Under Land Revenue Code.

The petitioner, Sau. Seema w/o Ramesh Khule, was elected as Sarpanch of Gram Panchayat Gawandgaon in October 2017. Respondent No.4, Nandu s/o Bhikaji ...

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Bombay High Court Dismisses Petitioner's Challenge to MRT Order on Res Judicata in Tenancy Proceedings. Earlier Dismissal for Default Does Not Bar Subsequent Proceedings Under Section 32G of Bombay Tenancy and Agricultural Land Act, 1948.

The petitioner, Ashish Chandrasingh Jhaveri, filed a writ petition before the Bombay High Court challenging the order dated 2nd November, 2018 passed ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Decree for Specific Performance Set Aside as Plaintiff Did Not Show Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellants (original defendants) challenged the order of the Extra Adhoc District Judge, Kelapur, dated 19.1.2011, in Regular Civil Appeal No.181 ...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Complaint under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act, 1961 dismissed as no part of cause of action arose within court's jurisdiction.

The judgment pertains to two criminal applications filed before the Bombay High Court, Nagpur Bench. Criminal Application No.1678 of 2010 was filed by...