Search Results for "forcible possession"

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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Upholds Conviction of Appellant for Rape of Handicapped Woman with Low IQ — Evidence of Prosecutrix Found Credible and Corroborated. Medical Evidence and Testimony of Victim and Informant Establish Offence Under Section 376(2)(l)(n) IPC.

The appellant, Nilesh Prabhakar Jadhav, was convicted by the Additional Sessions Judge, Khamgaon, in Sessions Trial No.65/2017 for offences under Sect...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Evidence. Conviction under Sections 302, 324, 341 read with Section 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Maharashtra filed an appeal against the judgment and order dated 31st December 1994 passed by the Learned Joint District Judge and Additi...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

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Bombay High Court Dismisses Petition Challenging Airport Authority's Demand for Vacant Possession of Premises. Lease Agreement for Flying Club Premises at Juhu Aerodrome Terminated Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioners, M/s. Bombay Flying Club and its Honorary Secretary, filed a writ petition under Article 226 of the Constitution of India challenging ...

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High Court of Bombay Quashes DRAT Order in SARFAESI Act Case for Exceeding Jurisdiction Under Section 18 — Bank's Possession of Secured Asset Upheld Despite Alleged Procedural Irregularities.

The case involves a dispute between IDBI Bank Ltd (Petitioner) and Aditya Logistics (I) Pvt. Ltd. and others (Respondents) concerning the enforcement ...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

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Bombay High Court Upholds Life Conviction for Murder Based on Eye Witness Testimony and Motive — Conviction under Section 302 IPC for Sickle Attack on Neck Upheld.

The appellant, Jayram Laxman Baswat, was convicted by the Ad-hoc Additional Sessions Judge, Palghar, for the murder of Ladka (deceased) under Section ...