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Bombay High Court Allows Writ Petition Challenging APMC Election Without Inclusion of Gram-Panchayat Members in Voters' List. Election process of APMC Tumsar set aside for non-compliance with Section 11(1)(b) of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963.

The petitioner, Sadashiv Shivaji Dhenge, was elected as Sarpanch of Gram-Panchayat Hardoli in 2017, which falls within the territorial jurisdiction of...

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Bombay High Court Dismisses Appeal Against Order in Property Dispute — Upholds Trial Court's Refusal to Set Aside Ex-Parte Decree. Appellant Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The appellant, Mahadeorao Satawne, filed two appeals against an order of the trial court dismissing his application under Order 9 Rule 13 of the Code ...

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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Allows Writ Petition Challenging Election Petition Dismissal in Cooperative Bank Election Dispute. Court holds that defects in election petition cannot be cured after expiry of limitation period under Rule 10 of Maharashtra Specified Societies Committees Election Rules, 1971.

The petitioner, Trimbak Patil, was declared elected as a member of the Managing Committee of the Aurangabad District Central Co-operative Bank Ltd. (A...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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Bombay High Court Dismisses Revision Against Quashing of Process in Defamation Case — Complaint Lacked Averment of Publication to Third Party. The Court held that publication is a sine qua non for defamation under Sections 500 and 501 IPC, and the Sessions Court rightly set aside the process.

The petitioner, Satyabhash Yeshwant Salgaonkar, was the original complainant who filed a complaint alleging offences punishable under Sections 500 (de...