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High Court of Karnataka Quashes Appointment of Taluka Surveyor as Court Commissioner in Partition Suit — Violation of Order XX Rule 18 CPC. Court Commissioner Must Be an Advocate or Disinterested Person, Not a Government Official, to Ensure Impartiality and Avoid Conflict of Interest.

The petitioner, Lagama Beerasidda Pujeri, challenged an order dated 6.2.2015 passed by the Principal Civil Judge & JMFC, Raibag, in FDP No.3/2012, whe...

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Bombay High Court Dismisses Writ Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. Transfer of Property by Non-Tribal to Another Non-Tribal Does Not Extinguish Right of Original Tribal Transferor.

The petitioners, Smt. Leelabai Ashana Totawar and others, challenged the order of the Maharashtra Revenue Tribunal dated 18.01.2018, which dismissed t...

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Bombay High Court Dismisses Second Appeal in Land Declaration Suit — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Ownership of Suit Land as Property Was Held Subject to Restraint on Impartibility and No Valid Will Was Established.

The appellant, Raosaheb Anand Shinde, filed a second appeal against the judgment and order of the Additional District Judge, Sangli dated 18.8.1989, w...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanction Granted by Sub-Divisional Officer Instead of Collector Held Incompetent, Despite Satisfactory Evidence of Demand and Acceptance.

The State of Maharashtra, through the Anti-Corruption Bureau, Satara, appealed against the acquittal of Ramdas Bhagwan Vairat, a Talathi (village reve...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...