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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

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Bombay High Court Quashes Police Aid Order in Civil Suit — Application Under Section 151 CPC for Police Aid Not Maintainable When Temporary Injunction Already Granted and Challenged. The court held that the proper remedy is under Order XXXIX Rule 2-A CPC or awaiting the appeal outcome.

The petitioners, defendants in a civil suit, challenged an order passed by the learned Civil Judge allowing the respondent-plaintiff's application und...

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High Court of Karnataka Directs Consideration of Representations Regarding Obstruction of Government Channel Road - Writ of Mandamus Sought for Removal of Encroachment. Court Held That Respondents Must Consider Representations and Pass Orders in Accordance with Law, Without Expressing Opinion on Merits.

The petitioners, Sri K.P. Praveen and Sri Shivanna, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of ma...

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Bombay High Court Allows Writ Petition Challenging Orders Under Mamlatdar's Courts Act for Non-Compliance with Mandatory Plaint Requirement. Application under Section 7 of the Mamlatdar's Courts Act, 1906 must be by way of a plaint supported by affidavit; failure to do so renders proceedings void.

The petitioner, Gaurakshan Sansthan, through its power of attorney holder, challenged the order dated 10-8-2017 passed by the Naib Tahasildar, confirm...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

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Bombay High Court Allows Second Appeal in Property Dispute Over Misreading of Judicial Auction and Inventory Proceedings. Courts below erred in misconstruing documents at Exhibit 40/C and Inventory Order No.82/84, affecting the appellants' title to property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Jose Antonio Pedro Menino Fe...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...