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Bombay High Court Allows Appeal by Defendants Against Remand Order in Civil Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC. Remand for Retrial Not Permissible When Trial Was Fair and Parties Had Opportunity to Lead Evidence.

The appellants, original defendants in a civil suit, challenged an order dated 13 July 2010 passed by the learned Extra Jt. Ad-hoc District Judge, Sat...

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Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

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Madras High Court Allows Writ Petition Quashing SC/ST Commission Proceedings in Private Property Dispute. Alleged Caste-Based Insult Not in Public View and Lacking Caste Intent Under Section 3(1)(x) of SC/ST Act, 1989.

The petitioners, V.Varun Kumar, Yasmin, and P.Thamizhselvan, filed a writ petition under Article 226 of the Constitution of India before the Madras Hi...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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High Court of Bombay at Aurangabad Allows Appointment of Commissioner at Appellate Stage in Suit for Declaration, Possession and Mesne Profits — Held that Order 26 Rule 9 CPC does not bar appointment of Commissioner at appellate stage if necessary for just adjudication.

The petitioners, original plaintiffs, filed a suit for declaration, possession of encroached portion and mesne profits in respect of 8R of land out of...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Allows Petition Under Article 226 Declaring Lapsing of Land Reservation Under Section 127 MRTP Act. Petitioner's land reserved for Public Health Center in Sangamner Development Plan deemed released as Municipal Council failed to acquire within ten years of purchase notice.

The petitioner, Sumanbai Uttam Gadekar, is the owner of land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ah...

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Supreme Court Hears Appeals Against High Court Quashing of Tax Assessment in Inter-State Gas Sale Dispute. State Imposed Tax on Sale of Natural Gas Extracted Under Production Sharing Contract, High Court Quashed Assessment and Directed Refund.

The Supreme Court of India heard a group of civil appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court, Luckno...

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Bombay High Court Allows Writ Petition for Mandamus Directing NHAI to Initiate Land Acquisition Proceedings and Pay Compensation for Highway Construction Without Acquisition. Court Held That Authorities Cannot Encroach Upon Private Land Without Following Due Process Under National Highways Act, 1956.

The petitioners, Govind Poslya Gavit and Vilas Vijaysing Valvi, filed a writ petition under Article 226 of the Constitution of India before the Bombay...

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High Court of Karnataka Pronounces CAV Order in Writ Petition Against Encroachment Removal Orders Under Panchayat Raj Rules. Petitioners Alleged to Have Suppressed Material Facts and Withdrawn Civil Suit.

The Petitioners, Smt. Hombalamma and Sri Appaji, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court o...