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Bombay High Court Division Bench Upholds Maintainability of Letters Patent Appeal in Tenancy Dispute Against Order of Single Judge. The Court Applies Full Bench Test to Determine that Facts Justify Invocation of Article 226, Making Appeal Maintainable Under Clause 15 of Letters Patent.

The appeal arose from a writ petition filed by the appellants (legal representatives of original tenants) challenging the Maharashtra Revenue Tribunal...

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Bombay High Court Dismisses Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Petitioner's Long Possession as Tenant Does Not Bar Restoration.

The petitioner, Hirakant Ramchandra Kothari, filed a writ petition under Article 227 of the Constitution of India challenging two orders: one dated 23...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Supreme Court Allows Appeal in Criminal Complaint Quashing Under Section 482 CrPC. The court quashed the criminal complaint as an abuse of process, without deciding on the co-existence of wakf and trust or jurisdiction of Wakf Tribunal.

The appeal arose from a judgment of the Kerala High Court rejecting a petition under Section 482 of the Criminal Procedure Code, 1973, filed by the ap...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Case — Compensation Enhanced for Tenanted and Untenanted Lands. Reference Court's dismissal of enhancement set aside; appellant entitled to higher compensation based on comparable sale instances and previous awards.

The appellant, Pandurang Daji Naik, owned lands at Torcem, Pernem Goa, which were acquired by the State for the construction of B/6 distributaries of ...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...