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Bombay High Court Examines Revocation of Consent Affidavits in Probate Suit Based on Misrepresentation and Duress. Court Finds Contradictory Evidence from Applicant Daughters, Noting Misrepresentation and Duress are Mutually Exclusive Defenses.

The dispute arose from the probate petition filed by Yohannan Thomas John, the executor of the Will of Ranchoddas Hiralal Agrawal, who died on 7 May 1...

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High Court Reconsiders Validity of Appellate Side Rule on Marathi Translations After Earlier Division Bench Held It Unconstitutional. Larger Bench Examines Whether Litigants Were Heard Before Rule Declared Null and Void Under Article 348.

The matter arose from a writ petition filed by a practicing advocate who was prevented by the High Court Registry from filing a petition without first...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Quashes 'Not Suitable' Declaration for Judicial Post Candidate Due to Non-Application of Mind and Arbitrariness. MPSC's Rejection of Candidate Based on Vague Grounds of 'Unsuitable' Without Specific Reasons Violates Article 14 and 16 of Constitution.

The petitioner, Shobhit Gaur, a law graduate from Bhartiya Vidyapeeth, Pune, enrolled as an advocate with the Bar Council of Delhi in 2010 and practic...

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WRIT PETITION NO.2720 OF 2013

The writ petitions were filed by municipal employee unions and individuals challenging the legality and constitutional validity of provisions of the B...

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KAHC010822332025_1

The Division Bench of the High Court of Karnataka heard two intra-court writ appeals filed by M/s MP24 Construction Company, the lead member of a cons...

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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

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Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...