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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation for Severance of Property Not Payable Under Section 23(1) of Land Acquisition Act, 1894. Court holds that cost of constructing a culvert to connect severed portions is not a separate head of compensation under the Act.

The case involves an appeal by the Executive Engineer and Special Land Acquisition Officer against the judgment of the Reference Court dated 6/01/2005...

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Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Execution Proceedings — Section 47 CPC Application Properly Rejected as Decree Was Executable Against Judgment Debtors.

The petitioners, original judgment debtors, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29/01/2018...

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Bombay High Court Allows Appeal in Flat Possession Case — Builders Failed to Prove Ownership of Land. Agreement to Sell and Power of Attorney Not Sufficient to Transfer Title Under Transfer of Property Act, 1882.

The appellants, plaintiffs in the trial court, filed a suit for recovery of possession of 12 flats or in the alternative for recovery of possession of...

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Bombay High Court Dismisses Petition Challenging Administrative Tribunal's Stay on Government Order Appointing Substitute Committee for Comunidade. The Court held that the appeal under Article 154 of the Code of Comunidades was maintainable and the Tribunal had jurisdiction to grant stay.

The petitioners, who were Goancars of the Comunidade of Sirsaim, filed a writ petition under Article 226 of the Constitution of India seeking to quash...

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Bombay High Court Dismisses Petition Challenging Scrutiny Committee's Verification of OBC Caste Certificate. Caste Certificate of Kharvi Community Member Upheld After Enquiry, No Ground for Interference.

The petitioner, Krishna Dhakhu Pilernekar, contested the election for Village Panchayat, Merces from Ward No.8 against a seat reserved for OBC candida...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Property Dispute Between Brothers. Court Held That Article 227 Cannot Be Used to Re-Appreciate Evidence Unless Findings Are Perverse or Based on No Evidence.

The petitioner, Ramchandra Tatyaba Ingale, was the original defendant No.2 in a suit filed by Mugutrao Balasaheb Ingale (since deceased, represented b...