Search Results for "ratio decidendi"

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Bombay High Court Allows Appeals in Motor Accident Claims, Holds Insurance Company Liable Despite Breach of Policy Conditions. The court directed pay and recover from the owner for violation of permit conditions, relying on Section 149 of the Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on an unspecified date, involving a vehicle owned by Shrihari s/o Kalyanrao Parkale (respondent No...

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Bombay High Court Allows Landlords' Revision in Eviction Suit Against Trespassers Claiming Tenancy Inheritance. Tenancy ceases on death of tenant; respondents not legal heirs under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a civil revision application filed by the landlords (petitioners) against the judgment and decree of the First Appellate Court in Ci...

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Bombay High Court Dismisses Applications to Set Aside Consent Divorce Decree in Matrimonial Dispute — No Fraud or Collusion Found. Consent terms recorded by Family Court under Section 13B of Hindu Marriage Act, 1955 are binding and cannot be unilaterally rescinded.

The judgment arises from two miscellaneous civil applications filed by Vijay Suryakant Kakade and Jay Suryakant Kakade (applicants) seeking to set asi...

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Bombay High Court Dismisses Petition Challenging Bye-Election to Fill Casual Vacancy in Katol Assembly Constituency. Section 151A of Representation of the People Act, 1951 Mandates Filling Casual Vacancy Within Six Months, and the Election Schedule Complies with the Statutory Time Limit.

The petitioner, Sandeep Yashwantrao Sarode, Chairman of Panchayat Samiti, Katol, and Director of Agriculture Produce Market Committee, Katol, filed a ...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...