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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination.

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd Ma...

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Bombay High Court Dismisses Contempt Petition Against Municipal Corporation for Alleged Willful Disobedience of Orders — No Prima Facie Case of Contempt Made Out as Orders Were Not Clear and Specific.

The petitioner, Shri Sayed Arshad Zaidi, as heir and legal representative of deceased Smt. Mehmood Fatima, filed a contempt petition under the Contemp...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the deceased father acted as Karta of joint family.

This is a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagtap, challen...

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Madras High Court Dismisses Second Appeal in Temple Property Title Dispute — Concurrent Findings of No Title Upheld. Plaintiffs Failed to Prove Title Over Suit Property as Compromise Decree Acknowledged Temple's Right and Revenue Records Favored Temple.

The appellants, originally plaintiffs, filed a suit for declaration of title and permanent injunction against the respondent temple, Sri Pachaiamman D...

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Supreme Court Allows Assessee in Income Tax Case — Receipt for Construction of Cinema House Not Advance Rent. Lease Lacked Stipulation for Adjustment of Payment Toward Rent; Premium Prima Facie Capital Not Taxable Under Income Tax Act.

The case involves an assessee who, on July 19, 1945, took a lease of certain premises in Calcutta on monthly rent. He made alterations to convert the ...

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Bombay High Court Dismisses Petitioner in Private Forest Vesting Case — Land Classified as Private Forest Under Section 2(c-i)(f) of Maharashtra Private Forest (Acquisition) Act, 1975 Vests in State; No Evidence of Cultivation Produced.

The petitioner, Gaurakshan Sanstha, a public trust established in 1962 for Panjarpole purposes, owned agricultural land in various villages. In 1985, ...