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Supreme Court Dismisses Union of India's Appeal in Land Acquisition Compensation Case — Lease Not Fraudulent. High Court's finding that lease was validly granted by Gaon Sabha with due approval upheld; no fraud established to vitiate earlier decree.

The Union of India and another appealed against the High Court of Delhi's judgment dated 21.05.2007, which allowed the respondents' appeals and set as...

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Bombay High Court Allows Compassionate Appointment to Son of Second Wife in Railway Service — Railway Circular Does Not Exclude Children of Second Wife from Compassionate Employment. Court Directs Consideration of Application on Merits Under Master Circular No.16.

The petitioners, Smt. Girija Suresh Borade (second wife) and her son Sagar Suresh Borade, filed a writ petition against the Union of India and railway...

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Bombay High Court Allows Compassionate Appointment to Son Born from Second Marriage Despite Invalidity Under Hindu Marriage Act. Section 16 of Hindu Marriage Act, 1955 Deems Child Legitimate, Entitling Him to Compassionate Appointment.

The petitioner, Yuvraj Dajee Khadake, sought compassionate appointment after his father, an employee of the Central Railway, died in harness on 12 Aug...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment and decree of the District Judge, Pernem, Goa, which confi...