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Bombay High Court Dismisses Ex-Wife's Appeal for Share in Husband's Properties in Family Property Dispute. Wife failed to prove financial contribution or common intention for joint ownership under Hindu Marriage Act, 1955.

The appellant, Ms. Adhyaatmam Bhamini, filed an appeal against the judgment dated 24th January 2003 of the Family Court, Mumbai, which dismissed her p...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

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Bombay High Court Upholds Disqualification of Panchayat Member for Non-Disclosure of Property Tax Dues. Failure to disclose outstanding property tax dues and obtain no-dues certificate renders election void under Section 14(1)(j) of the Maharashtra Village Panchayats Act, 1959.

The petitioner, Shaukat Ali Mohd. Hussain, challenged the election of respondent No. 1, Shaikh Ayub, as a member of the village panchayat of Badnapur ...

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Supreme Court Dismisses Challenge to Repeal of University Act — State's Power to Repeal Upheld as Reasonable Classification Under Article 14. Heritage Protection Justifies Singling Out Khalsa University for Repeal, Not Arbitrary.

The Supreme Court dismissed the appeal challenging the constitutional validity of the Khalsa University (Repeal) Act, 2017, passed by the Punjab Legis...

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High Court of Bombay Enhances Sentence for Cheque Dishonour Offence Under Section 138 of the Negotiable Instruments Act, 1881. Court Rules That Flee-Bite Sentence Defeats Purpose of Enactment When Cheque Amount Remains Unpaid, and Enhances Fine to Ensure Payment to Complainant.

The case arose from a criminal revision application filed before the High Court of Judicature of Bombay, Bench at Aurangabad, challenging the adequacy...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...