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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witnesses. Conviction under Section 302 r/w 34 IPC set aside as sole eyewitness was a chance witness with material contradictions and no independent corroboration.

The appellants, Mahendra Madansingh Thakur and Dinesh @ Guddu Pratapsingh Thakur, were convicted under Section 302 read with Section 34 of the Indian ...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Interest — Caveator Not a Next of Kin and No Substantial Interest Shown

The petitioners, Asha Shrichand Raheja and another, filed a probate petition in the Bombay High Court seeking probate of the last Will and Testament o...

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Bombay High Court Quashes Amalgamation Notification for Lack of Consent — Amalgamation Under Section 44 of Maharashtra Agricultural Produce Marketing Act Requires Consent of Both Market Committees. Withdrawal of Consent by One Committee Renders the Process Invalid.

The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 ...

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Bombay High Court Quashes University's Withdrawal of Principal's Appointment Approval Due to Violation of Natural Justice. Appointment of Principal cannot be revoked without affording opportunity of hearing as per principles of natural justice.

The petitioner, Dr. Ajit Uttamrao Wagh, was appointed as Principal of Arts, Science and Commerce College, Warangaon, after a selection process. The re...

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Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...