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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...

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Supreme Court Dismisses Appeal Against Refusal to Sanction Variation of Town Planning Scheme. State Government's Refusal to Delete Internal Road Upheld as Valid Exercise of Discretion Under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

The appeal arose from a judgment of the Bombay High Court dismissing a writ petition filed by the appellant trust. The trust challenged an order dated...

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Bombay High Court Allows Amendment of Plaint in Property Suit — Boundaries Clarification Permitted Despite Trial Commencement. Amendment sought to correct description of suit property boundaries held to be necessary for proper adjudication and not causing prejudice to the opposite party.

The petitioner, Vitthal Mhaskuy Mandhre, filed a suit for specific performance and injunction against the respondents, Mugutrao Vishnu Sanas (since de...

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Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish that the cheque was issued for a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Pradeep Kashiram Kadam, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Execution Court Order in Land Dispute. Court holds that objections under Section 47 of CPC cannot be raised after 30 years of decree and that execution court cannot go behind the decree.

The petitioners, legal representatives of the original decree holder Rukmini Pandurang Prabhu Alvekar, filed a writ petition under Article 227 of the ...