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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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SECOND APPEAL NO.538 2005

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Gujarat High Court Dismisses Petition Challenging NA Permission Cancellation for Land of Restricted Tenure. Failure to Obtain Prior Consent Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948 Renders NA Permission Void Ab Initio.

The petitioner, Shradhdha Land Corporation & Organisers, filed a Special Civil Application under Article 226 of the Constitution of India before the G...

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Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...

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High Court of Bombay Quashes Orders Declaring Tenant Not a Tenant Due to Lack of Jurisdiction of Mamlatdar. Mamlatdar Held Not Appointed Under Section 2(15) of Goa, Daman and Diu Agricultural Tenancy Act, 1964, Rendering Orders Nullity.

Two writ petitions were filed by the legal heirs of Ganesh Rama Gaonkar and Smt. Shevanti Govind Gaonkar challenging the orders of the Mamlatdar of Ca...