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Gujarat High Court Quashes Eviction Order Against Ashram in Land Encroachment Case — Proceedings Vitiated for Violation of Natural Justice. City Mamlatdar's Order Under Section 61 of the Gujarat Land Revenue Code, 1879 Set Aside as Show-Cause Notice Not Served and No Opportunity of Hearing Given.

The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the ...

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Supreme Court Dismisses Revenue's Appeal in Service Tax Dispute on Gas Connection Charges. Measuring Equipment Installed for Supplier's Billing Purposes Not Taxable Under 'Supply of Tangible Goods Service' as Customer Does Not Use the Equipment.

The appeal arose from a judgment of the Customs, Excise & Service Tax Appellate Tribunal which set aside a demand for service tax on gas connection ch...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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High Court of Bombay Disposes of Writ Petition Concerning Stop-Work Notice for Construction Project. Dispute Centered on Measurement of Land and Prior Court Order Permitting Construction at Developer's Own Risk.

The litigation concerns a construction project undertaken by M/s.Shantai Group, a builder-developer partnership firm, in Pimpri-Chinchwad, Pune. The d...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands Case for Fresh Measurement by Court Commissioner. Courts below erred in discarding survey evidence and rejecting application for appointment of Commissioner under Order XXVI Rule 9 CPC.

The appellant, Tulsabai, was the original plaintiff who filed a suit for possession after removing encroachment allegedly committed by the respondents...

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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

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Bombay High Court Allows Fresh Measurement of Suit Land in Recovery of Possession Suit — Trial Court's Rejection of Commissioner Application Set Aside for Lack of Reasons. The Court directed appointment of a Court Commissioner for fresh measurement and map drawing under Order 26 Rule 9 CPC.

The petitioners, original defendants in RCS No.361/2009, filed a writ petition challenging the order dated 21/01/2014 passed by the Trial Court reject...