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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Food Adulteration Case Due to Non-Compliance with Rule 14 and Section 13(2) of PFA Act. Benefit of Doubt Upheld as Prosecution Failed to Prove Proper Stirring of Oil Sample and Timely Intimation of Right to Get Sample Analyzed.

The State of Maharashtra filed an appeal under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 27-11-2002 in Regular Cr...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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High Court of Karnataka Declares Demolition of Shop without Notice Illegal under Section 23 of Karnataka State Highways Act, 1964. Tenant's Possession Protected When Authorities Demolish Building Without Following Procedural Mandate.

The petitioner was a tenant running a textile shop in a building at Magadi Town, measuring 19 feet by 76 feet, referred to as Schedule-B property. He ...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment on Community Land — Muslim Association's Locus Standi Upheld. The court held that an unregistered association can sue to protect its property and that permissive possession can be revoked at any time.

The dispute pertains to a stall/gada situated on a strip of land in Survey No. 213/11 of Piligao village, Goa. The plaintiff, an association of the Mu...

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Supreme Court Upholds Uttar Pradesh Board of Madarsa Education Act, 2004 as Valid Regulatory Legislation. High Court erred in striking down entire Act; provisions conflicting with UGC Act are severable.

The Supreme Court considered appeals against the Allahabad High Court's judgment striking down the Uttar Pradesh Board of Madarsa Education Act, 2004 ...