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Landmark Judgments and Articles on Law

Whether limitation for filing suit for damages for malicious prosecution will be suspended if order of termination of proceeding is challenged before higher court?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 464 of 2016 Decided On: 03.05.2018 Nilkanth Baliram Sawarkar Vs. Vidyanand Balkrishna Ogale Hon’ble Judges/Coram: Manish Pitale, J. Citation:  MANU/MH/0857/2018,2019 MHLJ(2) 265. 1. In this case, although the appellate Court has upheld the findings rendered by…

PWDVA – Whether exclusive use and possession of the part of a house comes under the definition of “shared household” ?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CORAM : MANISH PITALE, J. CRIMINAL APPLICATION (APL) NO. 387 OF 2020; 27/07/2021 Tulshiram @ Tulsidas Vs. The State of Maharashtra Mr. Bhushan Dafle, Advocate for applicants. Mr. Sudhir Malode, Advocate for respondents. J…

Second marriage after divorce not cruelty, DV proceedings by wife is Abuse of process of law

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 164 OF 2017 XXX.. Applicants Versus YYY.. Respondent Mr. S. A. Mohta, Advocate for applicants. CORAM : MANISH PITALE, J. DATED : 09/08/2021 ORAL JUDGMENT This application is listed…

Whether court can decree the suit if written statement is not filed?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 476 of 2015 Decided On: 10.04.2018 Martand Vs. Dilip Namdeorao Gotmare and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2018(5) MHLJ 674 1. By this appeal, the appellant (original plaintiff) is challenging the judgment…

Whether Father of plaintiff can prove readiness and willingness on behalf of Plaintiff?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal (SA) No. 450 of 2017 Decided On: 16.04.2018 Tousif Ahmed Vs. Ferozkhan and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2019(1) MHLJ 914 1. The appellant herein is the original defendant No. 2 in a…

When court should not permit Objector to lead Evidence in execution of Decree proceeding?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Writ Petition Nos. 6967 and 6979 of 2018 Decided On: 10.04.2019 Vishambari Vs. Ram and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2019(5) MHLJ 854 1. Rule. Heard finally with the consent of learned counsel appearing for…

Whether tenant who has failed to deposit standard rent within ninety days of order is liable to be evicted?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Writ Petition No. 279 of 2016 Decided On: 11.09.2018 Ataullahkhan Vs. Kernath Jaywantrao Nagargoje and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2019(2) MHLJ 471 1. By this Writ Petition, the petitioner (tenant) has challenged concurrent orders…

Whether propounder of will is bound to prove will even if objection to will is not taken by other side?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Civil Revision Application No. 68 of 2015 Decided On: 04.04.2018 Bainabai Vs. Divisional Manager, Life Insurance Corporation of India and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2018(6) MHLJ 91 1. This revision application challenges two concurrent…

When appeal can be dismissed for non joinder of persons who were parties before lower court?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Civil Revision Application (CRA) No. 106 of 2017 Decided On: 13.04.2018 Gopal Narayandasji Panpaliya Vs. Riyaj Patel Hon’ble Judges/Coram:Manish Pitale, J. Citation: 2018(6) MHLJ 114 1. Heard. Admit. Heard finally with the consent of learned Counsel appearing…

Precaution to be taken by court while permitting Advocate to withdraw his Vakalatnama

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 175 of 2016 Decided On: 13.04.2018 Rameshkumar Vyankatswami Poona Vs. Swami Vivekanand Cooperative Housing Society and Ors. Hon’ble Judges/Coram:Manish Pitale, J. Citation: 2018(6) MHLJ 227 1. By this appeal, the appellant has challenged the…


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