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Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

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Bombay High Court Allows Dental College's Petition for Renewal of Permission for MDS Course. Court Directs Fresh Inspection by Dental Council of India Before Final Decision on Renewal of Permission for 3rd Year MDS Course in Oral and Maxillofacial Surgery.

The petitioner, Dental College & Hospital of the Vidarbha Youth Welfare Society, Amravati, filed a writ petition seeking to quash the refusal/non-rene...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

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Bombay High Court Dismisses Petition Challenging Appointment of Fresh Commissioner for Partition Decree Execution. Decree Passed in 1991 Confirmed Up to Supreme Court Cannot Be Stalled by Repeated Objections.

The petitioners, heirs of Ramlal Sheoratan Shahu, filed a writ petition challenging an order dated 2/2/2011 passed by the 4th Joint Civil Judge, Senio...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...