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Bombay High Court Quashes Executive Magistrate's Injunction Order in Section 145 Cr.P.C. Proceedings Due to Pending Civil Suit. Executive Magistrate Lacks Jurisdiction to Pass Orders Under Section 145 Cr.P.C. When Possession is Already Subject Matter of a Civil Suit.

The petitioners, Ramdas Ramchandra Patil and Sakharam Ramchandra Patil, filed a Criminal Writ Petition under Article 227 of the Constitution of India ...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

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Bombay High Court Allows Port Authority's Appeal in Admiralty Suit Over Port Dues and Anchorage Charges. Auction purchaser liable for port dues and anchorage charges for period vessel remained in port after delivery, as per Major Port Trusts Act, 1963 and scale of rates.

The case involves a commercial appeal filed by the Board of Trustees of the Port of Mumbai (MbPT) against an order of a learned Single Judge of the Bo...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimant failed to establish monthly income and contributory negligence was not considered by Tribunal.

The appellant, National Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...