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Bombay High Court Allows Petition in Co-operative Housing Society Dispute — Maintenance Charges Liability Determined by Conveyance Deed. Consent Terms Allegedly Obtained by Fraud Cannot Override Original Conveyance Deed for Two Units.

The petitioner, Dr. Ranjit Ramchandra Upadhyaya, a member of the respondent M/s. Salas Co-operative Housing Society Ltd., filed a writ petition challe...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Produce Original Document and Attesting Witness. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 for Non-Production of Original Agreement.

The appellant, original defendant, challenged the decree of specific performance passed by the trial court in favour of the respondents/plaintiffs. Th...

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Bombay High Court Quashes Interlocutory Order in Sarpanch Disqualification Case — No Power to Order Further Enquiry Under Section 16 of Bombay Village Panchayats Act, 1958. Collector's order for detailed inspection and cross-examination of Gram Sevak set aside as beyond statutory authority.

The petitioner, Dr. Vivek Vishwanath Mane, Sarpanch of Gram Panchayat Malegaon, challenged an order dated 6-4-2013 passed by the Additional Collector,...

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(1) WRIT PETITION NO.4168 OF 2012

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Bombay High Court Allows Revision in Guardianship Custody Case — Family Courts Act Overrides Guardian and Wards Act for Custody Matters. Application under Section 25 of Guardian and Wards Act, 1890 held not maintainable in view of Section 7(1)(g) of Family Courts Act, 1984.

The case involves a civil revision application filed by Vimalashram Gharkul of Amprapali Utkarsha Sangh, a registered public trust, through its Secret...

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High Court Quashes Process Against Accused in Private Complaint for Non-Compliance with Section 202 Cr.P.C. — Mandatory Enquiry Required Before Issuing Process Against Residents Outside Jurisdiction.

The applicants, Damodar Prasad Maheshwari (Somani) and Dr. Santosh Damodar Prasad Maheshwari (Somani), were original accused Nos. 1 and 3 in R.C.C. No...

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Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — No Prima Facie Case for Injunction When Possession Not Delivered Under Agreement. The court held that a plaintiff not in possession under an agreement to sell cannot restrain the owner from constructing on the property.

The appellant, Shankar Govindlal Patwari, was the owner of an open plot bearing CTS No.3238 admeasuring 59.04 square meters within Dhule Municipal Cor...