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Bombay High Court Dismisses Application to Set Aside Ex Parte Decree in Suit for Want of Written Statement. Rule 89 of Bombay High Court (Original Side) Rules Allows Judgment Without Separate Notice of Motion Where Written Statement Not Filed Within Time.

The case involves a Notice of Motion filed by the 1st defendant (Aviation Travels Pvt Ltd) seeking to set aside an ex parte order dated 7th October 20...

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Bombay High Court Upholds Life Sentence for Murder Conviction Under Section 302 IPC — Conviction Based on Testimony of Eye-Witnesses and Medical Evidence

The appellant, Deepak Ramchandra Chavan, was convicted by the 5th AdHoc Additional Sessions Judge, Greater Mumbai, in Sessions Case No.796 of 2008 for...

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Bombay High Court Dismisses Petition Against Railway Land Demolition — No Encroachment Rights on Railway Land. Petitioners failed to establish any legal right to occupy railway land, and the demolition was lawful under the Railways Act, 1989.

The petitioners, seven individuals, filed a writ petition in the Bombay High Court challenging the demolition of their structures on land claimed to b...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Evasion Case — Violation of Principles of Natural Justice. Settlement Commission's Rejection of Settlement Application Without Considering Merits and Without Granting Personal Hearing Set Aside.

The petitioners, Dinesh Bhabootmal Salecha and others, filed a writ petition before the Bombay High Court challenging an order passed by the Settlemen...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...

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Parsi Chief Matrimonial Court Grants Divorce on Ground of Cruelty Under Section 32(dd) of Parsi Marriage and Divorce Act, 1936 — Wife Proves Mental Cruelty by Husband's Behavior Rendering Cohabitation Improper.

The Plaintiff wife, Mrs. Delfi Shahzad Namdarian, instituted a suit for divorce under Section 32(dd) of the Parsi Marriage and Divorce Act, 1936, agai...

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Bombay High Court Dismisses Developer's Challenge to MHADA's Rejection of Tenant Eligibility Certification and Revised NOC for Redevelopment. The Court upheld the concurrent findings of the authorities that the developer failed to prove the existence of separate tenancies for the rooms in question.

The petitioner, M/s. S.K. Realty (formerly known as Aum Developer), filed a writ petition under Articles 226 and 227 of the Constitution of India chal...