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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Adverse Possession — Trial Court and First Appellate Court Erred in Dismissing Suit Without Proper Consideration of Evidence. The court held that the defendant had encroached upon the plaintiff's land and that the plaintiff was entitled to permanent and mandatory injunctions....

The original plaintiff, Sheikh Chand Isak Mohammed, purchased vacant land in Nagbhid in 1963 and constructed a residential house and a tin shed where he ran a tea stall/pan shop for 30 years. In Decem...

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Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966....

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Upholds Concurrent Findings of Ownership and Licence Termination. Court holds that a licencee cannot claim adverse possession against the licensor and that a suit for possession without declaration of title is maintainable when the plaintiff's title is not in dispute....

The case involves a property dispute over a house in Nagpur. The respondents (original plaintiffs) are the legal heirs of Laxman Meshram, who purchased the property in 1956-57 and constructed a new ho...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity....

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 passed by the Ad-hoc District Judge-2, North Goa, P...

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Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction....

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year lease deed dated 18 July 1898 for land used as a tex...

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Bombay High Court Dismisses Petition for Revocation of Probate as Time-Barred. Petition filed 12 years after knowledge of probate held to be barred by limitation under Article 137 of Limitation Act, 1963....

The petitioners, daughter and widow of the deceased Vithal Shyamdas Jhaveri, filed a Miscellaneous Petition in 2012 seeking revocation of the probate granted in 1996 in respect of the deceased's Will ...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate....

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Petition No. 701 of 2003 on 24th May 2004. The proba...

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Bombay High Court Quashes Externment Order Against Woman for Lack of Subjective Satisfaction and Non-Compliance with Section 59 of Maharashtra Police Act, 1951. The court held that externment orders cannot be based on vague allegations and must be supported by proper application of mind....

The petitioner, Smt. Smita Suryakant Ashtekar @ Smita Deepak Kumbhare, a 35-year-old social worker from Ahmednagar, challenged an externment order passed by the Sub Divisional Magistrate, Nagar Divisi...

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Bombay High Court Allows Transfer of Corruption Case Against District Agriculture Officer from Nandurbar to Nashik on Grounds of Safety and Convenience. Transfer of Special Case under Prevention of Corruption Act, 1988 granted under Section 407 CrPC to ensure fair trial and avoid prejudice....

The applicant, Sanjay Babasaheb Deshmukh, was working as District Agriculture Officer at Nandurbar when a chargesheet was filed against him based on a trap laid under the Prevention of Corruption Act,...

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Bombay High Court Allows Revision Against Framing of Charges in Rape Case — Trial Court Directed to Reconsider Charges Under Sections 376, 328, 354, 506 IPC Based on Inconsistent Evidence. Inconsistency in Prosecutrix's Statement Regarding Sexual Intercourse Leads to Setting Aside of Charge Under Section 376 IPC....

The petitioner, Dr. Suyog s/o Dinkarrao Vyas, a medical practitioner, filed a Criminal Revision Application before the Bombay High Court, Aurangabad Bench, challenging the order of the Additional Sess...