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Supreme Court Reviews Remand of Property Item in Partition Suit Under Limitation Act and CPC. Court References Precedents Requiring First Appellate Court to Decide on Available Material Rather Than Remand Under Order 41 Rule 23 CPC.

Background: The dispute arose from a suit for partition and declaration concerning ancestral properties of a Hindu Undivided Family. The Appellant, Sh...

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High Court Allows Revision Against Rejection of Rescission of Contract Application Under Section 28 of Specific Relief Act, 1963. Decree-holders' failure to deposit balance consideration within extended time justified rescission of sale agreement.

The case involves a civil revision application filed by Bhagwat Harinkhede (original defendant/judgment-debtor) against Amit Zha and Ajay Nashine (ori...

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High Court of Karnataka Dismisses Writ Petition Challenging BDA Site Allotments Due to Lack of Standing and Delay. Petitioner failed to establish title or locus standi to challenge allotments made to respondents 3 to 6 in 2003-2009.

The petitioner, Wajid Pasha, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Banga...

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Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...

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Bombay High Court Allows Writ Petition Seeking Payment of Enhanced Compensation Under Section 28A of Land Acquisition Act, 1894. Court Directs Payment Upon Furnishing Bank Guarantee Despite Pending Appeal by Acquiring Body.

The petitioners, owners of land acquired for the Neera Deoghar Project under the Land Acquisition Act, 1894, sought a writ of mandamus directing the S...