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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

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Bombay High Court Allows Petition Challenging Rejection of Sonography Centre Registration Renewal for Violation of Natural Justice under PCPNDT Act. Civil Surgeon's Order Set Aside for Non-Compliance with Section 19B(4) and Failure to Provide Hearing.

The petitioner, Dr. Sadanand M. Ingle, a medical practitioner running a sonography centre at Khamgaon, challenged the order dated 21/12/2012 passed by...

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Bombay High Court Upholds Denial of Legal Heirship Certificate to Second Wife in Pension Dispute Under Maharashtra Civil Services (Pension) Rules, 1982. Court Interprets Rule 116(6)(a)(i) in Consonance with Hindu Personal Law, Refusing to Recognize Void Marriage for Pension Purposes.

The dispute arose from an application for a legal heirship certificate under the Bombay Regulation VIII of 1827 filed by the first wife and her childr...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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High Court of Karnataka Quashes Remand Extension Order in UAPA Case for Lack of Jurisdiction — Magistrate Not Empowered to Extend Remand Beyond 15 Days Without Production of Accused. Default bail order set aside as premature.

The petitioners, five individuals arrested in Crime No.71/2022 registered by Panambur Police Station for offences under Sections 121, 121A, 120B, 153A...

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Bombay High Court Considers Validity of Slum Rehabilitation Area Declaration Where No Show Cause Notice Was Issued. The Court Examines Whether Principles of Natural Justice Require Opportunity of Hearing Before Section 3C(1) Declaration Under Maharashtra Slum Areas Act, 1971.

This writ petition was filed in the Bombay High Court challenging the declaration of certain property as a Slum Rehabilitation Area under Section 3C(1...

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Bombay High Court Dismisses Lecturer's Petition for Pension and Arrears in Molestation Case — Petitioner's Removal from Service Upheld as Valid, No Entitlement to Pension or Arrears for Period of Absence.

The petitioner, a former lecturer in Physical Education at B.P.C.A's College of Physical Education, filed a writ petition under Article 226 of the Con...

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Bombay High Court Allows Writ Petition of Primary Teachers Against Transfer Orders — Violation of Maharashtra Zilla Parishad Primary Teachers Transfer Rules, 2024. Court Quashes Transfer Orders as Arbitrary and Contrary to Statutory Rules, Directs Reconsideration.

The petitioners, 21 primary teachers employed by the Zilla Parishad, Beed, filed a writ petition challenging their transfer orders issued by the respo...