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KAHC010102062008_1

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KAHC010480352008_1

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Supreme Court Clarifies Tests for Determining Public Character of Temples in Dispute Over Temple Ownership. Factors Include Public Worship Rights, Contributions, and Management Consciousness; Architectural Appearance Not Decisive.

The Supreme Court, in this appeal arising from a Bombay High Court decree, examined the criteria for distinguishing a public temple from a private one...

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Supreme Court Allows Habeas Corpus Petitions in Preventive Detention Case Due to Irrelevant and Vague Grounds. Detention Under Preventive Detention Act Invalidated as Assaults on Solitary Individuals Do Not Constitute Disturbance of Public Order and Vague Grounds Violate Article 22(5) of Constitution.

This was a writ petition under Article 32 of the Constitution for a writ of habeas corpus filed by thirty persons detained under orders passed by the ...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...