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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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High Court Quashes Preventive Detention Order Under MPDA Act Due to Lack of Compelling Necessity for Detaining Person Already in Custody. Detaining Authority Failed to Provide Cogent Material Showing Likelihood of Detenu's Release on Bail, Rendering Detention Order Invalid.

Background: The case involves a writ petition under Article 226 of the Constitution challenging a preventive detention order passed against the petiti...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Sale of Joint Family Property for Legal Necessity. Lower Appellate Court's Finding of Legal Necessity for Sale of House Property No.11 by Karta is a Question of Fact, Not Interferable Under Section 100 CPC.

The case involves a second appeal filed by the original plaintiffs (Sanjay Babu Kadam and Sou. Subhadra Babu @ Shankar Kadam) against the judgment of ...

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Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...