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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Petitions Challenging MHADA's Land Allotment for Housing Society Redevelopment Under MHADA Act, 1976. Court upholds MHADA's power to allot land and rejects allegations of illegality and lack of locus standi.

The judgment pertains to two petitions, Writ Petition No. 3 of 2013 filed by Shreeprakash Ramganesh Dube and Public Interest Litigation No. 27 of 2013...

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High Court of Bombay Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Title and Measurement. Courts below failed to consider defendant's ownership claim and necessity of proper measurement to determine encroachment.

The case involves a second appeal arising from a suit for recovery of possession of encroached land. The plaintiffs (respondents) claimed that the def...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entries in Revenue Records — Dispute Over Succession and Title Cannot Be Resolved in Summary Proceedings Under Land Revenue Code. Mutation entries are only for fiscal purposes and do not confer title; proper remedy is civil suit.

The petitioners, claiming to be legal heirs of late Shrirang S. Naik, filed a writ petition challenging the mutation entries made in the revenue recor...

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Bombay High Court Allows Teacher's Petition Against Termination in MEPS Act Case — School Tribunal Erred in Holding Appointment as Temporary. Appointment Approved by Education Officer Creates Deemed Permanent Status Under Section 5(1) of MEPS Act, 1977.

The petitioner, Sharda Nandeshwar, was appointed as an Assistant Teacher by the respondent-management of Mahatma Jyotiba Phule Vidyalaya, Bhandarbodi,...

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Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...