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Bombay High Court Dismisses Revision in Ejectment Suit for Lack of Title Proof and Non-Joinder of Necessary Parties. Trustees failed to establish devolution of leasehold interest and maintainability of suit under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicants, claiming to be trustees under a Deed of Wakf dated 22 December 1942, filed a suit for ejectment against the respondents in the Court o...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Supreme Court Sets Aside High Court's Interim Order Restraining Filing of Charge-Sheet in Property Dispute Case. The Court held that the High Court cannot restrain filing of charge-sheet under Section 193(3) BNSS while a quashment petition is pending, as it affects the statutory right of investigation.

The Supreme Court set aside an interim order of the Allahabad High Court that restrained the investigating officer from filing the charge-sheet in a c...