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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-Ownership Barred by Limitation. The amendment sought to introduce a new case of co-ownership after the expiry of limitation period under Article 58 of the Limitation Act, 1963.

The case involves a Second Appeal filed by the original Defendant No.4 against the judgment of the Appellate Court which allowed an amendment to the p...

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Bombay High Court Allows Second Appeal in Easementary Right Case — Finds First Appellate Court Failed to Consider Evidence Properly. Suit for declaration and injunction regarding right of way over defendant's land remanded for fresh consideration.

The case involves a dispute over an easementary right of way. The plaintiff, Shrawan Natthuji Bagul, claimed to be the owner of field S.No.27/3 (Gat N...

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Bombay High Court Dismisses Letters Patent Appeals by Landowners Challenging Slum Dwellers' Protection Under Maharashtra Slum Areas Act. Competent Authority's Classification of Structures as Slums and Occupants' Eligibility Upheld, Affirming Tribunal's Orders.

The High Court of Judicature at Bombay heard nine Letters Patent Appeals (LPA Nos. 107 to 116 of 1996) involving common questions of law and fact. The...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...