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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

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Bombay High Court Directs University to Grant Affiliation and Approve Admissions for Post Graduate Medical Courses. University's Inaction Held Unjustified; Students' Careers Cannot Be Jeopardized.

The petitioners, Sinhgad Technical Education Society and Smt. Kashibai Navale Medical College & General Hospital, challenged the inaction of the Mahar...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Bombay High Court Dismisses Appeal by Telecommunication Company Against Injunction Restraining Tower Construction. Court Upholds Trial Court's Order Based on Balance of Convenience and Prima Facie Case of Nuisance to Residents.

The appellant, Reliance Infocom Ltd., a company incorporated under the Indian Companies Act, 1956, engaged in telecommunications, filed a suit for per...

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Bombay High Court Allows Students to Appear for Final D.Ed. Examination Despite Lack of NCTE Recognition at Admission. Students Admitted in 2004-05 to Unrecognized Course Permitted to Take Final Exam Under Interim Orders.

The petitioners, approximately 50 students, filed a writ petition before the Bombay High Court seeking permission to appear for the final (second year...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Public Purpose Under Land Acquisition Act, 1894 — Held That Acquisition for Housing and Rationing Offices Serves Public Purpose and Compensation Determined Under Act Is Adequate.

The judgment pertains to two writ petitions filed by Reliance Industries Ltd. and Express Newspapers Ltd. challenging the acquisition of their land by...

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High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...