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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

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Supreme Court Quashes FIR in Property Joint Venture Dispute -- Criminal Proceedings Against Appellants Set Aside as Dispute Found Civil in Nature with Arbitration Clause -- FIR Under Sections 406, 420, 467, 468 and 471 IPC Cannot Substitute Civil Remedies

The Supreme Court allowed the criminal appeal arising from Special Leave Petition (Criminal) No. 6670 of 2021 and quashed the FIR registered against t...

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Bombay High Court Allows Second Appeal in Property Suit — Finds Concurrent Findings of Courts Below Suffer from Material Irregularity and Perversity. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the respondents (original plaintiffs) agai...

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High Court Dismisses Writ Petition Seeking Mandamus for Land Dispute — Alternative Civil Remedy Available. Petitioner's representations to Deputy Commissioner for action against private respondents cannot be entertained in writ jurisdiction when civil suit for injunction is already pending.

The petitioner, R. Lakshman @ Lakshmana Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamu...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...