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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Possession and Title. Court holds that admission of storage of rubble by defendants does not negate plaintiffs' possession of eastern side of suit property.

The second appeal was filed by original defendant nos. 1 and 2 challenging concurrent judgments and decrees granting declaration of title and injuncti...

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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Bombay High Court Confirms Death Sentence for Accused No.1 and Life Imprisonment for Accused No.2 in Murder and Robbery Case. The court upheld the conviction under Sections 302 and 392 IPC based on circumstantial evidence including last seen theory and recovery of stolen articles.

The case involves the murder of Vijayatai Vitthalrao Pund, a 75-year-old woman, who was the mother of PW1 Sunil, a practicing lawyer. The incident occ...

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Supreme Court Dismisses Appeal in Murder Case Upholding Conviction Based on Circumstantial Evidence. Statement to Village Mukhiya Held Admissible and Inculpatory Part Relied Upon to Prove Guilt Under Section 302 IPC.

The Supreme Court of India dismissed a criminal appeal by special leave against a judgment of the Patna High Court which had convicted the appellant o...

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...