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Gujarat High Court Upholds Conviction of Accused in Factional Riot Murder Case — Acquittals Set Aside. Common Intention Under Section 149 IPC Applied to Convict All Members of Unlawful Assembly for Murder and Attempt to Murder.

The case arises from a violent incident on 13.06.2014 at Nava Borbhatha, Ankleshwar, where a group of accused persons, armed with deadly weapons, atta...

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High Court of Bombay at Aurangabad Allows Appointment of Commissioner at Appellate Stage in Suit for Declaration, Possession and Mesne Profits — Held that Order 26 Rule 9 CPC does not bar appointment of Commissioner at appellate stage if necessary for just adjudication.

The petitioners, original plaintiffs, filed a suit for declaration, possession of encroached portion and mesne profits in respect of 8R of land out of...

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Bombay High Court Allows Writ Petition Challenging No Confidence Motion Against Sarpanch Due to Insufficient Notice Period. Notice Period of 15 Days Under Section 35 of Maharashtra Village Panchayats Act, 1959 Must Exclude Date of Notice and Date of Meeting.

The petitioner, Shaikh Jadanbee Shaikh Rais, was the Sarpanch of Gram Panchayat Garkheda-Jomala, Taluka Bhokardan, District Jalna. Respondent No.5, Sh...

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Bombay High Court Dismisses Petition Seeking Variation of Consolidation Scheme Under Section 32 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1948 — Scheme Finalized in 1990 Cannot Be Varied After 29 Years Due to Laches and Lack of Jurisdiction.

The petitioners, Kisan Bhimrao Patil and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High ...

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High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

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Bombay High Court Allows Appeal in Land Encroachment Case — Remands for Fresh Consideration of Mesne Profits and Measurement Evidence. The court found that the lower appellate court failed to properly appreciate the DILR measurement report and the claim for mesne profits, warranting remand.

The appellants, original plaintiffs, filed R.C.S. No. 31 of 1985 against the respondents for recovery of an encroached portion of land and mesne profi...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witness and Inconsistency with Medical Evidence. Conviction under Section 302 IPC set aside as sole eyewitness was brother of deceased and testimony lacked corroboration.

The appellant, Ganesh Baban Solankar, was convicted by the learned Adhoc Additional Sessions Judge, Osmanabad, in Sessions Case No. 71 of 2006 for off...