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Madras High Court Allows Second Appeal in Will Dispute — Life Estate Holder's Sale Deeds Declared Void. Concurrent Findings of Fact Set Aside as Perverse for Misreading Will.

The appellants, who were the plaintiffs in the suit, filed a second appeal against the concurrent judgments of the trial court and the first appellate...

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Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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High Court of Bombay at Goa Quashes Land Acquisition Notifications in Favor of Landowner Due to Lapse Under Section 11-A of Land Acquisition Act, 1894. Award Made Beyond Two-Year Period from Section 6 Declaration Invalidates Entire Acquisition Proceedings.

The petitioner, Mrs. Aienla Semelhago, challenged the notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, concerning the acquisiti...

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Bombay High Court Allows Appeal in Land Acquisition Case — Enhances Compensation Rate Based on Comparable Sale Deeds. Market Value Determined at Rs. 25,000 per Acre Under Section 23 of the Land Acquisition Act, 1894, with 30% Solatium and 12% Additional Interest.

The appellant, Waman s/o Rajaram Gabhane, owned Survey No. 105 admeasuring 4.99 hectares at Mouza Jamb. The State acquired 40 R of this land for exten...

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High Court Dismisses Appeal and Contempt Petition in Demolition Dispute -- Petitioner Challenge to BMC's Demolition Order Under BMC Act Fails, Contempt Allegations Rejected

The Appellant, filed an Appeal against the dismissal of a Notice of Motion seeking an interim injunction to restrain the Brihanmumbai Municipal Corpor...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

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Supreme Court Upholds Interim Injunction in Property Dispute Based on Tenancy Act Certificate. Section 38E Certificate Under Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 Confers Ownership, Overriding Subsequent Transfers.

The respondent-plaintiff filed a suit for declaration of ownership, declaration that a Gift Settlement Deed dated 24.07.1987 in favour of the petition...

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Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...