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Bombay High Court Examines Challenge to Notification Restricting Construction Near Protected Monuments. Court Holds Rules Framed under Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 Are Intra Vires, but Does Not Decide Validity of Notification in Available Text.

The High Court of Bombay heard four writ petitions together concerning the validity of a notification dated 16.6.1992 issued under the Ancient Monumen...

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Supreme Court Reviews Remand of Property Item in Partition Suit Under Limitation Act and CPC. Court References Precedents Requiring First Appellate Court to Decide on Available Material Rather Than Remand Under Order 41 Rule 23 CPC.

Background: The dispute arose from a suit for partition and declaration concerning ancestral properties of a Hindu Undivided Family. The Appellant, Sh...

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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Bombay High Court Quashes Land Acquisition for Public Trust Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Commissioner Failed to Consider Objections Properly After Remand.

The petitioners, owners of agricultural land in Paradsinga, challenged the acquisition of their land for the benefit of Respondent No. 3, a public tru...