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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

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Bombay High Court Allows Second Appeal in Hindu Succession Act Case — Section 23 Amendment Not Retrospective. Lower Appellate Court erred in applying 2005 amendment to partition suit filed before amendment, shares to be determined under pre-amendment law.

This second appeal arises from a judgment dated 29/7/2009 passed by the learned District Judge-I, Pandharkawda in Regular Civil Appeal No.69/2004. The...

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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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Bombay High Court Quashes Externment Order in Bombay Police Act Case — Failure to Consider Explanation and Lack of Material. Sub-Divisional Magistrate's Order Externed Petitioner from Three Districts Without Proper Application of Mind Under Section 56 of Bombay Police Act, 1951.

The petitioner, Vijay Aabarao Raje, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

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Bombay High Court Dismisses Petition Challenging School Tribunal Order in Teacher Promotion Dispute — Delay and Lack of Supersession Found. Appointment of Direct Recruit as Headmistress Did Not Amount to Supersession of Assistant Teacher Under MEPS Act and Rules.

The petitioner, Mohan Bapurao Shinde, was appointed as an Assistant Teacher in a school run by Respondent No.1 Trust in June 1990. The Trust establish...

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Bombay High Court Allows Appeals for Enhanced Compensation in Land Acquisition for Playground. Market Value Fixed at Rs. 100 per sq.mtr. Based on Comparable Sale Deed, with Solatium and Interest Under Land Acquisition Act, 1894.

The case involves two appeals arising from a common land acquisition notification for a children's playground in Pimpri-Chinchwad. The land, admeasuri...