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Bombay High Court Quashes Attachment Warrant in Maintenance Case for Lack of Notice Under Section 125 CrPC. Failure to Serve Notice Before Issuing Warrant Violates Principles of Natural Justice.

The petitioner, Dharam Shevaram Rajpal, challenged an order dated 31st December 2004 passed by the Judicial Magistrate, First Class at Uran, issuing a...

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Sale of Flat by Registered Deed Does Not Attract Criminal Offence Under Sections 406, 420 IPC. Dispute Regarding Title Over Property Already Subject Matter of Civil Suit, Criminal Proceedings Amount to Abuse of Process.

The petitioners, a husband and wife, purchased a residential flat in Kharghar, Navi Mumbai, from Mrs. Bhavana Karande by a registered sale deed dated ...

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Karnataka High Court Hears Regular First Appeal Against Partition Decree. Trial Court Decreed Suit for Partition and Separate Possession, Determining Shares Among Legal Heirs of Gregory and Alphonsus Coelho.

The appeal arose from a suit for partition and separate possession filed by Ruth Lobo (plaintiff/first respondent) against the legal heirs of Gregory ...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Appellate Court's Dismissal of Declaration Suit. Civil Court Has Jurisdiction to Decide Title Despite Revenue Entries; Mutation Does Not Confer Ownership.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Domingos Jose Rodrigues and ...