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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Allows Writ Petition Against Order Directing Payment of Court Fee on Higher Valuation in Appeal. Court holds that valuation for court fee and jurisdiction are distinct, and appeal valuation is determined by the relief granted in the decree, not the market value of the property.

The petitioner, Dr. Pramod Prakashchandra Banait, filed a writ petition challenging an order dated 28/07/2014 passed by the Appellate Court (District ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Maintainability of Appeal Before District Court in Divorce Case. Legal Fiction Under Article 317 of Portuguese Civil Procedure Code Does Not Confer Exclusive Appellate Jurisdiction on High Court for Divorce Proceedings.

The petitioner, Adolfo Joildo Felix Rodrigues, filed a writ petition before the Bombay High Court at Goa challenging the order dated 12/10/2012 passed...

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High Court Dismisses Letters Patent Appeal in Flat Ownership Dispute Between Appellants and State of Maharashtra, Upholds Single Judge's Order Directing Pursuit of Rights in Competent Forum

The Letters Patent Appeal was filed against the Single Judge's order, which disposed of the petition on grounds that the challenged order did not prej...

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Supreme Court Sets Aside High Court's Contempt Order in Indian Oil Corporation Dealership Termination Case Due to Subsequent Events and Forum Change. Contempt Proceedings Rendered Redundant as Respondent Agreed to Proceed Under Amended Guidelines and Old Appellate Forum Was No Longer in Existence.

The appeal arose from a contempt order passed by the High Court of Judicature at Allahabad. The respondent, a dealership holder, had its dealership te...

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Bombay High Court Allows Writ Petition Challenging Slum Tribunal's Jurisdiction After Amendment. Holds That Amendment Substituting Appellate Forum Is Procedural and Retrospective, Directs Transfer of Pending Appeal to Grievance Redressal Committee Under Section 3C of Maharashtra Slum Areas Act.

The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, S...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...