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Supreme Court Upholds Dismissal of Easementary Rights Claim by Gala's over Ramani's Land. Dispute over easementary rights to a 20 ft. wide road rejected due to lack of uninterrupted use for 20 years and alternative access available.

The Supreme Court upheld the dismissal of two civil appeals filed by the Gala family, who sought easementary rights over a road situated on land owned...

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Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

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Bombay High Court Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...

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Bombay High Court Dismisses Appeal in Lease vs License Dispute Under Goa Decree No.43525. Agreement Styled as Leave and License Held to Be Lease Due to Exclusive Possession and Fixed Term.

The case involves a dispute between the successors of Dr. Luis dos Santos Alvares (plaintiffs/respondents) and Dr. Bento de Souza Egypsy (defendants/a...

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Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...