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Bombay High Court Allows Appeal Against Remand Order in Property Dispute — Trial Court Directed to Decide Suit on Merits Without Remand. Lower Appellate Court's Remand Order Set Aside as Unwarranted Under Order 41 Rule 23 CPC.

The respondent filed a suit for prohibitory and mandatory injunction claiming ownership of a plot bearing No.10 situated at Khasra No.195/9, T.S.K. No...

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Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...

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Bombay High Court Allows Writ Petition Challenging Order Passed in Favour of Dead Person Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Proceedings Before Tahsildar Held to Be Judicial in Nature Requiring Impleadment of Legal Heirs.

The petitioner, Dahiben wd/o Manoharbhai Patel through her legal heir Praful s/o Manoharbhai Patel, challenged an order of the Maharashtra Revenue Tri...

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Bombay High Court Allows Review in Motor Accident Claim Case — Insurance Company's Appeal Dismissed as Driver Possessed Valid Driving License. Error Apparent on Face of Record Found When RTO Confirmed License Issued in 1998, Leading to Restoration of Tribunal's Award with Reduced Interest Rate.

The applicants, Smt. Sudha Rajesh Halmare and Smt. Purnabai Dayaram Halmare, were the claimants in a motor accident claim petition arising from a fata...

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Bombay High Court Upholds Reinstatement of Teacher but Denies Back Wages in Oral Termination Case. School Management's Appeal Dismissed as Termination Without Inquiry Violates Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The case involves two writ petitions arising from an order of the School Tribunal, Nagpur, dated 19-11-2014. The School Tribunal allowed an appeal und...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — Dispute Over Title Cannot Be Decided in Revenue Proceedings Under Maharashtra Land Revenue Code, 1966.

The petitioners, ten individuals claiming to be the legal heirs of one Ganpat Surpame, filed a writ petition under Article 226 of the Constitution of ...

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Bombay High Court Quashes No Confidence Motion Against Sarpanch for Non-Compliance with Section 35(2) of Maharashtra Village Panchayats Act, 1959 — Meeting Convened Without Required Notice Period.

The petitioner, Parmanand Upwanshi, was elected as Sarpanch of Gram Panchayat, Murdada, in November/December 2012. Respondent nos. 3 to 8 moved the Ta...

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Bombay High Court Dismisses Second Appeal in Right of Way Dispute. Wajib-ul-arz Entry Held Conclusive Evidence of Easement Right Under Section 13(b) of Easements Act, 1882.

The case involves a dispute over a right of way between two sets of parties in village Bhombodi, Tahsil Tirora, District Gondia. The respondents/plain...