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Madras High Court Allows State's Appeal in Contract Dispute Over Canal Excavation Work — Contractor's Claim for Payment for Work Done Partly Allowed. The court held that the contractor is entitled to payment for work actually done and measured, but the quantum must be proved by proper evidence.

The case involves a second appeal filed by the State of Tamil Nadu and the Executive Engineer, P.W.D., Krishna Water Supply Project, against the judgm...

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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Supreme Court Upholds National Commission's Decision in Insurance Claim Dispute Based on Surveyor's Report. Compensation Confined to Surveyor's Assessment Under Section 64UM(2) of Insurance Act, 1938 Due to Discrepancies in Appellant's Stock Records and Use of Volumetric Analysis.

The Supreme Court of India heard a civil appeal arising from a judgment of the National Consumer Disputes Redressal Commission. The appellant, Khatema...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Allows Second Appeal in Encroachment Suit, Restores Trial Court Decree. First Appellate Court Erred in Reversing Ex-Parte Decree Without Considering Evidence of Encroachment by TILR.

The appellant, Sudhakar s/o Baburao Kulkarni, was the original plaintiff in Regular Civil Suit No. 143 of 2010 filed before the Civil Judge Junior Div...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Execution Orders in Eviction Decree — Decree Holders Entitled to Possession After 15 Years of Litigation Up to Supreme Court.

The case involves a dispute over execution of a decree for possession of an open piece of land admeasuring 1280 square feet out of Nazul Plot No. 9 in...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Perversity. Suit for Declaration of Ownership and Injunction Remanded for Fresh Adjudication on Merits.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the original plaintiffs (respondents herei...