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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Bombay High Court Allows MCGM to Execute Storm Water Pumping Station Upgradation Work Subject to Environmental Compliance. Public Interest Work Permitted Pending Environmental Clearances.

The petitioner, Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition seeking permission to execute upgradation work of design, fabric...

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Bombay High Court Quashes Demolition Order in Municipal Corporation Case Due to Violation of Natural Justice. Section 212(2) Notice Under Maharashtra Municipal Corporation Act, 1949 Set Aside as Show-Cause Notice Did Not Specify Time for Compliance.

The case involves a group of writ petitions filed by owners of lands and structures within the limits of Kalyan Dombivali Municipal Corporation. The p...

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Bombay High Court at Goa Upholds Constitutional Validity of Entry Tax Provisions in Challenge by Importer of Goods. Section 3 of Goa Tax on Entry of Goods Act, 2000 held valid as charging section need not contain measure of tax; machinery and penalty provisions also upheld.

The petitioner, M/s Pernod Ricard India Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition before the High C...

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Bombay High Court Allows Restoration of Suit Dismissed in Default in Partition Suit. Courts Must Consider Sufficiency of Cause Under Order 9 Rule 9 CPC Even After Dismissal of Appeal.

The petitioner, Rajendra Mohanlal Paliwal, filed a suit for partition and separate possession in 2004. The suit was dismissed in default by the trial ...

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Bombay High Court Dismisses Father's Appeal in Child Custody Dispute, Upholds Mother's Custody Based on Child's Welfare. The court held that the welfare of the child is paramount, and the mother's custody was in the child's best interest under Section 6 of the Hindu Minority and Guardianship Act, 1956.

The case involves a custody dispute between the appellant father, Mr. Arun Sharma, a Hindu, and the respondent mother, Roxann Sharma, a Christian Amer...