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Bombay High Court Dismisses Son's Petition Challenging Maintenance Order to Aged Parents Under Section 125 CrPC. Son's Obligation to Maintain Parents is Absolute and Not Dependent on Financial Capacity or Allegations of Fraudulent Property Transfer.

The case involves a petition filed by Bhausaheb Laxman Kshirsagar (the petitioner) under Article 227 of the Constitution of India and Sections 482 and...

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Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues in Execution Proceedings - Sale Certificate Valid Despite Delay in Possession. The Court held that objections to execution were barred by res judicata and the Executing Court could not re-open settled issues.

The Ratnakar Bank Limited (Petitioner) filed a writ petition challenging an order dated 19/08/2014 passed by the learned Civil Judge, Junior Division,...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Bombay High Court Quashes AGRC Order in Slum Rehabilitation Dispute — Consent Terms Binding on Successor Developer. Petitioners' Entitlement to Two Shops of 409 Sq Ft Each Upheld Based on Consent Terms in Suit No.1994 of 2008.

The petitioners, Alphonso D'Souza and Vanessa D'Souza, filed a writ petition challenging an order dated 5th January 2022 passed by the Apex Grievances...

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Bombay High Court Quashes FIR Against Doctor in Assault Case Due to Lack of Prima Facie Evidence and Malafide Intent. Allegations of Assault on Advocate During Court Proceedings Found Baseless as Complainant Was Not a Public Servant Under Section 353 IPC.

The applicant, Dr. Sanjay Andhare, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.60/2015 ...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting application for condonation of delay by applying strict standards instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a property dispute between family members. The plaintiff, Vinay Madhukar Kulkarni, filed a suit for perpetual injunction against the...