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Bombay High Court Dismisses Petition Challenging Civil Judge's Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the plaint disclosed a cause of action and limitation was a mixed question of fact and law.

The petitioners, who were defendants in a civil suit filed by the respondents, challenged an order of the Civil Judge, Senior Division, Margao, dated ...

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Bombay High Court Allows Furlough for Life Convict Despite No Relative, Interpreting 'Relative' Broadly Under Goa Prison Rules. The court directed reconsideration of furlough application treating a non-relative as 'relative' under Rule 316(3) of Goa Prison Rules, 2006.

The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 1...

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Bombay High Court Allows Compassionate Appointment to Son Born from Second Marriage Despite Invalidity Under Hindu Marriage Act. Section 16 of Hindu Marriage Act, 1955 Deems Child Legitimate, Entitling Him to Compassionate Appointment.

The petitioner, Yuvraj Dajee Khadake, sought compassionate appointment after his father, an employee of the Central Railway, died in harness on 12 Aug...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground.

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Bombay High Court Dismisses PIL Challenging Election Symbols Order and RP Act Provisions. Classification of Political Parties into Recognized and Unrecognized Held Valid Under Article 14.

The petitioner, Mr. Mrinall Shashi Shekhar Chakravorty, a social worker and businessman, filed a Public Interest Litigation (PIL) before the Bombay Hi...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Allows Accused to Send Cheque for Handwriting Expert Opinion in NI Act Case — Rejection of Application by Magistrate Set Aside. Accused's Right to Lead Defence Evidence Includes Right to Seek Expert Opinion on Disputed Signature Under Section 45 of Indian Evidence Act, 1872.

The petitioner, Kamlakar Vithalrao Padwal, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, pending before th...

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Bombay High Court Allows Caste Certificate Claim for Scheduled Tribe Status in Dhangar Community Case. Court Quashes Scrutiny Committee's Rejection Based on Vigilance Cell Report and Government Records Supporting the Claim Under Constitution (Scheduled Tribes) Order, 1950.

The petitioner, Shripad Ganpat Ughade, a minor represented by his father Ganpat Gundiba Ughade, filed a writ petition challenging the rejection of his...