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Madras High Court Closes Contempt Petition in Encroachment Dispute After Survey Reveals Patta Land. Revenue Authorities Have No Power to Evict Under Tamil Nadu Land Encroachment Act, 1905 for Private Land; Civil Remedy Available.

The petitioner filed a contempt petition under Section 11 of the Contempt of Courts Act, 1971, alleging wilful disobedience of an order dated 27.06.20...

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Supreme Court Dismisses Manufacturer's Appeal in Rebate Claim Case Due to Limitation Under Section 11B of Central Excise Act. Rebate of duty on exports is governed by the limitation period prescribed under Section 11B, as 'refund' includes 'rebate' under Explanation (A) to that section.

The appellant, Sansera Engineering Limited, a manufacturer of excisable goods, exported goods between August 2015 and October 2015 and filed claims fo...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

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Supreme Court Dismisses Appeal in Urban Land Ceiling Case — Possession Validly Taken Under Section 10(5) of ULC Act Before Repeal. Application Under Section 21 Was Barred by Limitation, and Repeal Did Not Affect Lands Where Possession Was Already Taken.

The appeal arose from a dispute concerning surplus land under the Urban Land (Ceiling and Regulation) Act, 1976. The appellants, legal representatives...

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Bombay High Court Issues Guidelines for Demolition of Dilapidated Buildings Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court directed the Municipal Corporation to follow a structured procedure including structural audit and hearing before demolition.

The Municipal Corporation of Greater Mumbai filed a Writ Petition under Article 226 of the Constitution of India seeking guidelines for effective impl...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Brothers. Court upholds trial court's discretion in granting temporary injunction under Order 39 Rules 1 and 2 CPC, finding no perversity or jurisdictional error.

The petitioners, original defendants in a civil suit, challenged the order dated 2nd May 2017 passed by the District Judge-2, Niphad, dismissing their...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...