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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the eldest son acted as Karta during father's lifetime.

The case involves a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagta...

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(1) WRIT PETITION NO.4168 OF 2012

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of Gram Panchayat Members for Non-Submission of Toilet Certificate. Disqualification Under Section 14(1)(j5) of Bombay Village Panchayat Act, 1958 Upheld as Certificate Obtained After Extended Deadline.

The petitioners, five members of Gram Panchayat Dhanodi, challenged their disqualification under Section 14(1)(j5) of the Bombay Village Panchayat Act...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...

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Bombay High Court Upholds Termination of Scientific Officer for Unauthorised Absence and Misconduct — Petitioner Failed to Justify Absence Despite Repeated Opportunities. The court held that the termination was proportionate and that the principles of natural justice were complied with.

The petitioner, Mr. Sahivanagouda H. Patil, was a Scientific Officer at Bhabha Atomic Research Centre (BARC) who had developed high-yielding groundnut...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

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Bombay High Court Dismisses Appeals in Land Dispute Involving Surplus Land and Tenancy Rights. Court upholds Single Judge's order confirming that land was not surplus and appellants were not entitled to restoration of possession under Maharashtra Land Revenue Code and Bombay Tenancy Act.

The case involves three Letters Patent Appeals arising out of writ petitions decided by a Single Judge of the Bombay High Court at Nagpur. The appella...