Search Results for "adverse finding"

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Bombay High Court Dismisses Petition Challenging Rejection of 'Mana' Scheduled Tribe Claim Due to Tampered Pre-Constitutional Documents. Oldest entries showing 'Mani/Mane/Malgujar' held more probative than subsequent documents and validity certificates obtained through fabricated records.

The petitioner, Ansh s/o Kiran Gharat, filed a writ petition challenging the order dated 26/09/2023 of the Scheduled Tribe Caste Certificate Scrutiny ...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That Second Appeal Cannot Be Entertained on Reappreciation of Evidence When No Substantial Question of Law Arises.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the Principal District Judge, Ratnagiri, dismi...

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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...