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Bombay High Court Allows Appeal Holding Order Under Section 73A Not Appealable Under Section 70 of Mumbai Public Trust Act. Intervention Order Under Section 73A Is Interlocutory and Not a Final Order Under Section 22, Hence No Appeal Lies Under Section 70.

The appellant, a registered reporting trustee of a public trust, filed a change report under Section 22 of the Mumbai Public Trust Act, 1950. The resp...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Failure to Produce Original Sale Deed Proves Fatal to Title. Plaintiff's claim for possession based on registered sale deed from 1955 fails as original deed not produced, and courts below concurrently found title not proved.

The case involves a property dispute between siblings. The plaintiff-appellants (legal representatives of the original plaintiff Damaji Sakharam Chiva...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Bombay High Court Dismisses Petition Challenging Rejection of Delay Condonation Application in Civil Suit — 228-Day Delay Not Sufficiently Explained. The court upheld the trial court's finding that the explanation for delay was vague and unsupported by evidence, declining to interfere under Article 227.

The petitioners, plaintiffs in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order d...

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Bombay High Court Deliberates on Applicability of Limitation Act to Appeals Before Collector Under Section 137 of Bombay Prohibition Act, 1949. Issue Centered on Whether Collector is a 'Court' for the Purpose of Section 29(2) of the Indian Limitation Act, 1963.

The writ petition arose from a demand notice dated 23 June 2003 issued to the petitioner, proprietress of Vishal Liquors, an ex-CLII licensee, for an ...