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High Court of Bombay Allows Appeal in Workmen's Compensation Case — Employer's Denial of Employment Not Sufficient to Disprove Workman Status. The court held that admission of ownership of vehicle by employer and driving by workman raises presumption of employment under Workmen's Compensation Act, 1923.

The appellant, Narayan Bansilal Vaishnav, filed a claim under the Workmen's Compensation Act, 1923, alleging that he was employed as a driver of a tem...

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Bombay High Court Allows Amendment of Plaint in Permanent Injunction Suit — Delay Not a Ground for Rejection When No Prejudice Caused. Amendment sought to incorporate legal submissions based on written statement does not change nature of suit and must be liberally allowed under Order VI Rule 17 CPC.

The petitioner, Narayan Madhavrao Pole, filed a Regular Civil Suit for permanent injunction claiming ownership and possession of agricultural field Su...

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Bombay High Court Dismisses Second Appeal in Possession Suit Due to Lack of Substantial Question of Law. Appellants' claim of adverse possession from 1961 fails as they did not raise the issue in lower courts and cannot produce new evidence in second appeal.

The case involves a second appeal filed by the appellants (defendants in the original suit) against a decree for possession passed by the trial court ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. Suit for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession; no substantial question of law under Section 100 CPC.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which had...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Perversity. Suit for Declaration of Ownership and Injunction Remanded for Fresh Adjudication on Merits.

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

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Bombay High Court Allows Revision Against Wakf Tribunal Order — Property Dispute Over Wakf Status Requires Reconsideration of Evidence Under Wakf Act, 1995. The court held that the presumption under Section 81 of the Wakf Act, 1995 cannot be applied without prima facie evidence that the property is wakf.

The case involves a civil revision application filed by Abdul Qayyum Khan and others against the Additional Collector, Nanded, and others. The dispute...

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License.

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for evict...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...