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Bombay High Court Dismisses Petitions Challenging CAT Order Quashing Seniority List. Seniority of Direct Recruit Inspectors Cannot Be Antedated Over Promotees Without Following DoPT OM and Recruitment Rules.

The case involves a challenge to the seniority list dated 07.12.2021 and paragraph 7(iii) of DoPT OM dated 13.08.2021 by promotee Inspectors (Examiner...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Dismisses PIL Challenging TDR Loading and FSI Computation for Redevelopment Project. Court upholds MCGM's permission for TDR and fungible FSI, finding no illegality or public interest violation.

The petitioner, Nitesh Mohanlal Doshi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the permission gr...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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Bombay High Court Quashes Allotment of Gairan Land to Sugar Factory in Public Interest Litigation — Grazing Land Cannot Be Diverted for Industrial Use Without Following Procedure Under Maharashtra Land Revenue Code, 1966.

The Bombay High Court disposed of a Public Interest Litigation (PIL) and a connected Writ Petition concerning the allotment of gairan (grazing) land t...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant-plaintiff filed Special Civil Suit No. 115 of 1988 seeking specific performance of an agreement to sell agricultural land. The trial cou...

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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...