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Supreme Court Allows Appeal in Adverse Possession Case, Restores Appellate Court's Decree. Permissive possession cannot be converted into adverse possession without hostile animus; High Court erred in reversing concurrent finding of fact.

The dispute concerns a property originally owned by Banta, who died on 02.07.1992. Banta had two children: Jit Ram (son) and Sibo (daughter). Sibo fil...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Fact. The court held that the appellants failed to prove title by adverse possession and that the suit was not barred by limitation under the Portuguese Civil Code.

The case involves a second appeal filed by the appellants, who were defendants in a suit for declaration of title and recovery of possession filed by ...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Dismisses Writ Petition Challenging Transfer of Suit to Junior Division Court. Section 15 CPC Allows Suit to Be Tried by Lowest Competent Court Regardless of Previous Decree by Senior Division.

The petitioners filed a writ petition challenging the dismissal of their application for transfer of Regular Civil Suit No.663 of 2000 from the Court ...

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Bombay High Court Allows Withdrawal of Suit Against Defendant No.2 and Acceptance of Consent Terms in Matrimonial Property Dispute Under Article 227 of the Constitution of India. Plaintiff's Unconditional Right to Withdraw Suit Under Order 23 Rule 1 CPC Upheld.

The petitioner, Naseem Riyaz Khalifa, filed a suit for declaration and perpetual injunction against his wife (Respondent No.1) and her power of attorn...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...