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Bombay High Court Dismisses Writ Petitions Challenging Refusal of Leave Under Order 1 Rule 8 CPC After Evidence in Representative Suit. Court Holds That Leave Must Be Obtained Before Institution and Defect of Capacity Cannot Be Cured Retrospectively at Stage of Final Arguments.

The dispute arose from two suits filed by the petitioner, a cooperative society, in a representative capacity under Order I Rule 8 of the Code of Civi...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC as Plaintiffs Failed to Prove Title and Possession.

The case involves two second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of title and pe...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...

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Revocation of Probate Not Maintainable on Grounds of Title Dispute. Bombay High Court

The Bombay High Court held that a probate cannot be revoked on the ground that the testator lacked title to the bequeathed property. S...

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High Court of Bombay Issues Rule and Hears Matter Finally in Writ Petition Challenging MSEDCL Communication. The Court Decides the Petition Under Article 226 of the Constitution with Consent of Parties After Respondents Waive Service.

The petitioners, a private limited company and its shareholder, filed a writ petition under Article 226 of the Constitution of India before the High C...

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High Court of Karnataka Considers Validity of Designation of Senior Advocates Without Framed Rules Under Advocates Act, 1961. Petitioners Seek to Quash Notifications and Require High Court to Frame Rules for Designation of Senior Advocates.

These writ petitions were filed in public interest by two advocates practicing in the High Court of Karnataka, challenging notifications dated 30.06.2...