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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

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High Court of Bombay Holds That Opinion for Premature Release Under Section 432 Cr.P.C. Must Be Sought from the Court That Convicted the Accused. Conviction by High Court in Appeal Reversing Acquittal Makes High Court the Convicting Court for Purposes of Section 432(2) Cr.P.C.

The petitioner, convicted for murder and sentenced to life imprisonment, sought premature release after completing over 12 years of actual imprisonmen...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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Bombay High Court Allows Maintenance to Second Wife in Bigamous Marriage Under Hindu Marriage Act, 1955 — Section 25 Entitles a Woman Whose Marriage is Declared Null and Void to Claim Maintenance Despite Invalidity of Marriage

The case involves an appeal by Mangala Bhivaji Lad (also known as Mangala Dhondiba Aher) against the judgment of the Family Court, Mumbai, which decla...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...