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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Bombay High Court Dismisses PIL Challenging Building Construction Permissions as Barred by Res Judicata and Laches. The Court held that the petitioners had previously litigated the same issues and obtained no relief, and the PIL was filed after substantial construction had already been completed.

The Altamount Road Area Citizens Committee and another petitioner filed a Public Interest Litigation (PIL) before the Bombay High Court challenging th...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to 38-Year Delay and Laches. Consent terms entered by petitioner's father in 1966 binding on petitioner; possession taken in 1972; petition filed in 2010 without explanation.

The petitioner, Abhay V. Khinvasara, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of land bearing ...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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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 Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses PIL Challenging Appointment of Government Pleaders and Public Prosecutors. Court upholds State's prerogative in appointing law officers as petitioner failed to establish illegality or mala fides.

The petitioner, Mr. A.S. Shirsat, a practising advocate from Jalgaon Courts, filed a Public Interest Litigation (PIL) before the Bombay High Court cha...