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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Allows Petition Challenging Stamp Duty Assessment on Flat Purchase Agreements. Agreements for sale of flats in a building under construction are agreements to sell, not conveyances, and stamp duty is to be assessed on the consideration stated in the agreement, not on market value.

The petitioner, M/s. Padmavati Construction Co., a partnership firm, was developing a plot of land in Chembur, Mumbai. The registered owner, Bombay Co...

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Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Abetment of Suicide Case — No Evidence of Instigation or Abetment Under Section 306 IPC. The court upheld the trial court's finding that the prosecution failed to prove abetment of suicide beyond reasonable doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 20.0...

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Madras High Court Dismisses Writ Petition Challenging Land Classification Change Due to Alternative Remedy. Petitioner's claim for restoration of 'Eri Ulvaai' classification and cancellation of patta held not maintainable under Article 226 as disputed questions of fact require civil suit.

The petitioner, R. Sarada, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a direction to th...

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Bombay High Court Dismisses Petitioner's Challenge to Revenue Authority's Order Granting Partition/Correction of Record of Rights Under Section 85 of Maharashtra Land Revenue Code, 1966 — Civil Suit Does Not Bar Summary Revenue Proceedings.

The petitioner, Tarachand Goel, filed a writ petition challenging an order dated 29-04-2015 passed by the Additional Commissioner, Nagpur Division, Na...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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Bombay High Court Hears Arguments on Constitutional Validity of Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 — Matter Remains Undecided in Provided Text. Petitioner Contended Act Lacked Nexus with Directive Principles and Was Not Protected Under Article 31C.

The petitioners, M/s Shivraj Fine Art Litho Works, a partnership firm, challenged the constitutional validity of the Shivraj Fine Art Litho Works (Acq...