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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 Allows Appeal in Motor Accident Claim Case — Enhances Compensation Under Section 163-A of Motor Vehicles Act, 1988. Deceased was a gratuitous passenger in tractor used for transportation of goods; insurer liable to pay compensation despite breach of policy conditions.

The appellant, Kanta @ Baby w/o Dilip Bawankar, filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for t...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Stepfather and Stepdaughter — Benami Transaction Claim Fails. The court held that the registered sale deed in the plaintiff's name establishes title, and the defendant's claim of benami ownership was not proved.

The case involves a property dispute between a stepfather (appellant/defendant) and his stepdaughter (respondent/plaintiff). The defendant married the...

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High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...

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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 Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law.

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gif...