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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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Bombay High Court Dismisses Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Petitioner's Long Possession as Tenant Does Not Bar Restoration.

The petitioner, Hirakant Ramchandra Kothari, filed a writ petition under Article 227 of the Constitution of India challenging two orders: one dated 23...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Hears Writ Petition by Co-operative Housing Society Seeking Full Deemed Conveyance Under MOFA. Petition Challenges Partial Grant of Deemed Conveyance, Excluding Chawl and Access Areas, Citing Incomplete Consideration of Agreements.

The petitioner, a co-operative housing society registered in 1971, filed a writ petition under Article 226 of the Constitution of India challenging th...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...