The High Court of Judicature at Bombay dismissed a civil application filed by the State Government seeking modification of previous orders. The court held that the application amounted to a re-argument of the matter rather than a valid review under Order XLVII Rule 1 of the CPC and was thus not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(CAW 2769 of 2015)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No.2769 OF 2015
IN
CIVIL APPLICATION No.2367 OF 2014 IN
WRIT PETITION No.8478 OF 2013
The State of Maharashtra and Ors. ….Applicants/ Petitioners
Vs.
Trimurti Shikshan Sanstha and Ors. ….Respondents
Mr.Nitin Deshpande for Applicants Mr.Suresh Pakale for Respondents ***********
CORAM : V. M. KANADE & B.P. COLABAWALLA, JJ.
DATE : JANUARY 21, 2016L
P.C. :
“(a) It is therefore, most respectfully prayed that this Hon'ble Court may modify the orders dated 16.07.2014, 30.09.2014 in Writ Petition No. 7209 of 2014 and Writ Petition No. 8478 of 2013 dated 07.01.2015 in Civil Application No. 2367 of 2014 in Writ Petition No.8478 of 2013 and Civil Application No. 2925 of 2014 in Writ Petition No. 7209 of 2014 and direct the Respondents to abide by reservation policy
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(CAW 2769 of 2015)
and held that eligibility for grant does not ipso facto entitle the Respondent to claim grant.
(b) Any other relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case.”
Vaishali Tikam
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1 issue framed by the court
Whether a civil application is maintainable when the court holds that the grounds amount to a re-argument of the entire matter rather than a review under Order XLVII Rule 1 CPC.
State of Maharashtra and Ors.
Trimurti Shikshan Sanstha and Ors.
V. M. Kanade
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
