Search Results for "Civil Court"

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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"Supreme Court: High Court Overstepped Jurisdiction in Mumbai Eviction Dispute" "Reaffirming Quasi-Judicial Authority and Expediency in Eviction Proceedings"

  Context and Background The Municipal Corporation of Greater Mumbai (MCGM) initiated eviction proceedings under Section 105B of the Mumbai M...

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Supreme Court Upholds Right to Redetermination of Compensation Under Section 28-A of the Land Acquisition Act, 1894. Beneficial Interpretation to Uphold Rights of Marginalized Landowners in Land Acquisition Cases.

The Supreme Court reiterated that Section 28-A of the Land Acquisition Act must be interpreted as a beneficial provision to remove inequality in compe...

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"State of Maharashtra v. Deepak Buradkar: A Clash of Law, Ownership, and Justice" Balancing rights, procedural rigor, and allegations of malice in timber trade.

This case deals with a legal battle over the confiscation of timber logs, allegations of unauthorized transportation, malicious prosecution, and the e...

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High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...

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"High Court's Jurisdiction Clarified in Testamentary Matters" "Concurrent Jurisdiction Explored with Key Clarifications on Succession Act Provisions"

This judgment addresses the jurisdiction of the Bombay High Court in entertaining a petition for the grant of Letters of Administration concerning pro...

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Partition Dispute Judgment: Unregistered Partition Deed Not Subject to Stamp Duty and Penalty Requirement. The Bombay High Court held that an unregistered partition deed recording a family arrangement does not require impounding for stamp duty or registration, and ordered a refund of penalties.

The High Court in this Writ Petition addressed the legality of an order by the trial Court that sent an unregistered partition deed to the Collector o...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...