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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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High Court of Bombay at Goa Considers Appeal Challenging Reference Court's Compensation Award to Legal Heirs in Land Acquisition Dispute. The Appellate Court Examines Res Judicata Plea from Earlier Eviction Suit and the Applicability of Section 30 of the Land Acquisition Act, 1894.

This first appeal arose from a dispute over the apportionment of compensation for an acquired house in Goa. The appellant, Shantabai L. Parkar, claime...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation.

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Tenancy Declaration Suit. Applicant fails to prove membership of deceased tenant's family or residence in suit premises under Section 7(15)(d) of Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by Pradeep Kumar Lalit Kumar Pandya challenging the concurrent judgments of the Small Causes Cour...