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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

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Bombay High Court Dismisses Revision Applications Against Rejection of Order 7 Rule 11 CPC Plea in Suit for Recovery and Declaration. Plaint Discloses Cause of Action and is Not Barred by Limitation or Res Judicata Under Order 7 Rule 11 of Code of Civil Procedure, 1908.

The judgment arises from two Civil Revision Applications filed against orders passed by the trial court rejecting applications under Order 7 Rule 11 o...

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Bombay High Court Allows State's Appeal in Land Acquisition Case — Acquisition Not Vitiated for Failure to Serve Notice on Unrecorded Purchaser. Civil Suit Challenging Acquisition Award Held Not Maintainable Under Land Acquisition Act, 1894.

The case pertains to a second appeal filed by the State of Maharashtra against the judgment of the lower appellate court which had decreed the suit in...

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Bombay High Court Allows Writ Petition Challenging Inaction on GST Registration Cancellation Application — Failure to Consider Application Within Statutory Period Violates Principles of Natural Justice and Section 29 of CGST Act, 2017.

The petitioner, Heritage Lifestyles and Developers Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition before...

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Bombay High Court Dismisses Challenge to NMMC's Property Tax Levy on MIDC Industrial Area. TTC Area Held to Be Within Municipal Limits Under 1991 Notification; No Direction to Constitute Industrial Township.

The petitioners, including Small Scale Entrepreneurs Association and Mahape Industries Welfare Association, filed a writ petition under Article 226 of...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...