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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...

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Bombay High Court Dismisses Second Appeal in Eviction Suit — Confirms Decree for Possession Based on Valid Sale Deed and Caretaker Agreement. Agreement for Sale and Subsequent Sale Deed Transfer Title; Occupier as Caretaker Must Vacate After Expiry of Term.

The respondent/plaintiff filed Regular Civil Suit No.819 of 2016 for possession and arrears of rent against the defendant, who had sold the suit prope...

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Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...